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(3) Transfer of property by developer. If the landowner sells all of the lots in a
subdivision, that purchaser becomes the responsible party for the subdivision, is
liable for compliance with this article and for violations of this article, and shall post
an erosion control deposit as required by this article. The balance remaining in the
original account shall be released as provided herein upon the submission of written
proof of transfer of lots or a new erosion control deposit by the purchaser. As
required by this article, the new landowner shall post an erosion control deposit with
the town.
(4) Notice of noncompliance; stop work order; deductions from deposit.
(A) The town will inspect the erosion control devices located at a site for
compliance with the approved erosion control plan. If a landowner fails to
implement or maintain erosion control devices as specified in the approved
erosion control plan, the town shall provide such person with written notice of
noncompliance identifying the nature of the noncompliance. Such notice shall
also inform the person of the circumstances under which a deduction from his
deposit account will be made and the time frame for the filing of an appeal of
such action by town. The person shall have twenty-four (24) hours to bring his
erosion control devices into compliance with the approved erosion control plan
for the site to which notice of noncompliance was issued. Correction shall
include sediment cleanup, erosion control device repair, erosion control device
maintenance and/or installation of additional erosion control devices to prevent
reoccurrence of the violation. The twenty-four (24) hour cure period may be
extended for inclement weather or other factors at the discretion of the
designated official.
(B) At the end of the twenty-four (24) hour cure period, town shall reinspect the
site and shall deduct a reinspection fee as set by the town council from the
person’s erosion control deposit account. If, at the time of such reinspection,
the erosion control devices at the site have not been brought into compliance
with the approved erosion control plan, the town may issue a stop work order
for each violation of this article. All deductions from a person’s erosion control
deposit account may be appealed as provided in this article.
(5) Refund of deposit.
(A) Upon determination by the designated official that no further hazard of erosion,
silting, or debris being deposited on streets, alleys, utility facilities, rights-of-
way or easements exists by reason of the condition of land for which a deposit
is made, so much of such deposit that is not required to reimburse the town for
the expense of removal of soil, mud, rock, and debris from its streets, alleys,
utility facilities, rights-of-way or easements by reason of work performed on
such land shall be refunded. The reasonable charge of such removal by the
town shall be billed to the depositor.
(B) Upon the sale of a lot or lots by a landowner who has an erosion control
deposit, the town shall refund a pro-rata portion of the erosion control deposit
less any amount for costs incurred by the town in enforcing the requirements of
this article with regard to the lot or lots sold.
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(6) Interest on deposit. Erosion control deposits posted pursuant to the requirements of
this article shall not accrue interest.
(b) Land-disturbing activities associated with construction on single residential lot. When land-
disturbing activities are conducted on a residential lot for which a building permit must be issued,
the person to whom the building permit is issued shall comply with the following:
(1) Erosion control plan. Prior to approval of a building permit for a residential lot by the
town, the person obtaining the building permit shall submit an erosion control plan
for approval by the town. No inspection may be performed on a project until a town-
approved erosion control plan is implemented.
(2) Notice of noncompliance; stop work order; issuance of citation. The town shall
inspect the erosion control devices located at a site for compliance with the approved
erosion control plan submitted for such site. If a person fails to implement or
maintain erosion control devices as specified in the approved erosion control plan,
the town shall provide such person with written notice of noncompliance identifying
the nature of such noncompliance. Such person shall have twenty-four (24) hours to
bring the erosion control devices into compliance with the intent of the approved
erosion control plan for the site where the violation occurred. Modifications to the
approved erosion control plan may be required to maintain all sediment on-site.
Correction shall include, without limitation, sediment cleanup, erosion control device
repair, erosion control device maintenance, and/or installation of additional erosion
control devices to prevent reoccurrence of the violation. The twenty-four (24) hour
cure period may be extended for inclement weather or other factors at the discretion
of the designated official. If the intent of the approved control plan (maintaining
sediment on-site) is not met, then such person shall take action within twenty-four
(24) hours to control soil eroding from the site and clean up any sediment and shall
have one (1) week to submit a new erosion control plan. Work may continue during
the review period. Implementation of this plan will be required within twenty-four
(24) hours of plan approval by the designated official. If no plan is submitted within
one week, then construction activities shall be halted until a new plan is submitted
and approved. At the end of the twenty-four (24) hour cure period, the town shall
reinspect the site and may assess a reinspection fee. If, at the time of such
reinspection, the erosion control devices at the site have not been brought into
compliance with the approved erosion control plan, the town may issue a stop work
order and issue a citation for each violation of the town’s erosion control
requirements. When a stop work order has been issued, a reinspection fee shall be
assessed. To obtain a reinspection for removal of the stop work order, a request must
be submitted and a reinspection fee as set by the town council shall be paid.
(c) Stormwater pollution prevention and erosion control plan.
(1) Generally. Stormwater pollution prevention plans shall be prepared in accordance
with the requirements of the “iSWM Design Manual for Construction Activities,”
North Central Texas, latest edition, as published by the North Central Texas Council
of Governments. Each erosion control plan required by this article shall clearly
identify all erosion and sediment control measures to be installed and maintained
throughout the duration of the project for which that plan is submitted. Cut and fill
slopes shall be no greater than 2:1, except as approved by the town to meet other
community or environmental objectives. A person shall install and maintain erosion
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control devices in accordance with the town-approved erosion control plan as
required by this article.
(2) Modifications. Modifications to a plan may be authorized by the town by written
authorization to the person, and may include:
(A) Major amendments of the erosion and sediment control plan submitted to the
town; and/or
(B) Field modifications of a minor nature.
(3) Off-site borrow, spoil and staging areas. Where applicable, off-site borrow areas,
spoil areas and construction staging areas shall be considered as part of the project
site and included as part of the disturbed land area and shall be subject to the
regulations of this article.
(4) Related land areas. The erosion control requirements of this article shall apply to all
related land areas. Additionally, when land-disturbing activity occurs on premises, all
disturbed land areas related to the premises shall have permanent erosion control
measures established before final occupancy of structures located thereon or final
acceptance of the subdivision may be obtained. This section applies whether or not a
building permit is required.
(5) Below-ground installations. All discharges resulting from below-ground installations
shall be passed through town-approved erosion control devices or removed from the
site for proper disposal.
(6) Erosion control plan implementation and compliance. Each person shall implement
and maintain the erosion control measures shown on his approved erosion control
plan in order to minimize erosion and the transport of silt, earth, topsoil, etc., by
water runoff or construction activities, beyond the limits of the person’s site onto
town streets, drainage easements, drainage facilities, storm drains or other town
property prior to beginning any land-disturbing activity.
(7) General guidelines for erosion control plans; implementation.
(A) Maximum use shall be made of vegetation to minimize soil loss.
(B) Natural vegetation should be retained wherever possible.
(C) Where inadequate natural vegetation exists, or where it becomes necessary to
remove existing natural vegetation, temporary controls should be installed
promptly to minimize soil loss and ensure that erosion and sedimentation does
not occur.
(D) Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized.
(E) Wherever possible during construction, erosion controls should be used on
hillsides to slow drainage flow rate.
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(F) Erosion control elements should be implemented as soon as practical in the
development process.
(G) Waste or disposal areas and construction roads should be located and
constructed in a manner that will minimize the amount of sediment entering
streams.
(H) Frequent fording of live streams will not be permitted; therefore, temporary
bridges or other structures shall be used wherever an appreciable number of
stream crossings are necessary.
(I) When work areas or material sources are located in or adjacent to live streams,
such areas shall be separated from the stream by a dike or other barrier to keep
sediment from entering a flowing stream. Care shall be taken during the
construction and removal of such barriers to minimize the sediment transport
into a stream.
(J) Should preventative measures fail to function effectively, a person shall act
immediately to bring the erosion and/or siltation of premises under his
ownership or control under control by whatever additional means are
necessary.
(K) Erosion control devices shall be placed to trap any losses from stockpiled
topsoil.
(L) The selection and timing of the installation of erosion controls shall be based
upon weather and seasonal conditions that could make certain controls not
practicable.
(M) Vegetation used for vegetative cover shall be suitable for local soil and weather
conditions. Ground cover plants shall comply with listings from the Texas
Agricultural Extension Service for North Central Texas.
(N) Runoff shall be diverted away from construction areas as much as possible.
(O) Stripping of vegetation from project sites shall be phased so as to expose the
minimum amount of area to soil erosion for the shortest possible period of
time. Phasing shall also consider the varying requirements of an erosion control
plan at different stages of construction. Phasing shall be required on all sites
disturbing greater than thirty acres, with the size of each phase to be
established at plan review and as approved by the town as determined
appropriate by the town engineer.
(P) Developers, builders, or owners of property shall install all utilities, including
franchised utilities, before final acceptance of a subdivision, property and/or
structure. Final acceptance will also be contingent upon having all necessary
erosion control measures installed to minimize off-site sediment. A site may be
accepted without erosion control measures if perennial vegetative cover is
actively growing, at the discretion of the town’s designated official.
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(Q) Silt fencing in place longer than sixty (60) days and silt fencing placed on
slopes shall be wire-backed.
(8) Erosion control requirements shall include the following:
(A) Stabilization requirements. Any area of land from which the natural vegetative
cover has been either partially or wholly cleared or removed by development
activities shall be revegetated within fourteen (14) days from the substantial
completion of such clearing and construction. The following criteria shall apply
to revegetation efforts:
(i) Reseeding must be done with an annual or perennial cover crop
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until such time as the cover crop is
established over ninety percent (90%) of the seeded area.
(ii) Replanting with native woody and herbaceous vegetation must be
accompanied by placement of straw mulch or its equivalent of sufficient
coverage to control erosion until the plantings are established and are
capable of controlling erosion.
(iii) Any area of revegetation must exhibit survival of a minimum of seventy-
five percent (75%) of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive
years until the minimum seventy-five percent (75%) survival for one (1)
year is achieved.
(B) Special techniques that meet the design criteria outlined in the “Design Manual
for Construction” published by the North Central Texas Council of
Governments on steep slopes or in drainageways shall be used to ensure
stabilization.
(C) Soil stockpiles must be stabilized or covered at the end of each workday.
(D) The entire site must be stabilized, using a heavy mulch layer or another method
that does not require germination to control erosion, at the close of the
construction season.
(E) Techniques shall be employed to prevent the blowing of dust or sediment from
the site.
(F) Techniques that divert upland runoff past disturbed slopes shall be employed.
(9) Sediment control requirements shall include:
(A) Settling basins, sediment traps, or tanks and perimeter controls.
(B) Settling basins that are designed in a manner that allows adaptation to provide
long-term stormwater management, if required by the town.
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(C) Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
(10) Waterway and watercourse protection requirements shall include:
(A) A temporary stream crossing installed and approved by the town if a wet
watercourse will be crossed regularly during construction.
(B) Stabilization of the watercourse channel before, during, and after any in-
channel work.
(C) Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
(D) Restrict clearing within twenty-five (25) feet of waterways.
(11) Construction site access requirements shall include:
(A) A temporary access road provided at all sites.
(B) Other measures required by the town in order to ensure that construction
vehicles do not track sediment onto public streets or washed into storm drains.
(12) Erosion hazard setbacks. Erosion hazard setback determinations will be made for
every stream in which natural channels are to be preserved. Natural channel banks
will be protected by use of the determined setbacks unless a plan to stabilize and
protect stream banks is approved by the designated official.
(d) Certificated telecommunication providers and franchised utility companies. Subject to the
terms of its franchise agreement with the town, including but not limited to terms regarding
permits, a certificated telecommunication provider and a franchised utility company (hereinafter
collectively referred to as “utility”) engaging in land-disturbing activities within the town shall
comply with the following:
(1) Erosion control plan. Prior to beginning any land-disturbing activity or upon the
effective date of this article, an erosion control plan shall be submitted for approval
by the town.
(2) Notice of noncompliance; stop work order; issuance of citation.
(A) The town designated official shall inspect the erosion control devices located at
a site for compliance with the approved erosion control plan submitted for such
site. If a utility fails to implement or maintain erosion control devices as
specified in the approved erosion control plan, the town shall provide such
party with written notice of noncompliance identifying the nature of such
noncompliance. The utility shall have twenty-four (24) hours to bring its
erosion control device(s) into compliance with the approved erosion control
plan for the site where the violation occurred. Correction shall include
sediment cleanup, erosion control device repair, and erosion control device
maintenance. The twenty-four (24) hour cure period may be extended for
inclement weather or other factors at the discretion of the inspector.
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(B) At the end of the twenty-four (24) hour cure period, the town shall reinspect the
site. If, at the time of such reinspection, the erosion control devices at the site
have not been brought into compliance with the approved erosion control plan,
the town may issue a stop work order and issue a citation for each violation of
the approved erosion control plan for said site. To obtain a reinspection for
removal of the stop work order, a request for reinspection must be submitted
along with payment of a reinspection fee as set by the town council.
(e) Removal of erosion control devices. Upon final occupancy or upon establishing permanent
ground cover on a lot, all temporary erosion control devices shall be removed. Failure to do so
shall be a violation of this article.
(Ordinance 2005-04, sec. VII, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.06)
Sec. 3.14.009 Maintenance of control devices; records
(a) Maintenance of erosion and sediment control devices.
(1) All persons subject to the requirements of this article shall maintain the required
erosion and sediment control devices in a clean and operational state. Such person
shall inspect each erosion and sediment control device after each rainfall event that
exceeds one-half inch (1/2") in twenty-four (24) hours, or every fourteen (14)
calendar days, whichever occurs first. Such person shall repair, replace, or remove
sediment as necessary.
(2) Such person shall also comply with any maintenance or repair directive given by the
town’s inspector. Failure to comply with a town directive may result in deductions
from the erosion control deposit account or stop work orders as provided by this
article.
(b) Records. Persons responsible for the operation of a stormwater management facility shall
make records of the installation and repairs, and shall retain the records for at least two (2) years.
These records shall be made available to the town during inspection of the facility and at other
reasonable times upon request.
(Ordinance 2005-04, sec. VIII, adopted 3/21/05; 2006 Code, ch. 11, sec. 6.07)
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CHAPTER 4
BUSINESS REGULATIONS
ARTICLE 4.01 GENERAL PROVISIONS.................................................................................4-7
Sec. 4.01.001 Firearms dealers.....................................................................................4-7
ARTICLE 4.02 ALARM SYSTEMS...........................................................................................4-7
Division 1. Generally.................................................................................................................4-7
Sec. 4.02.001 Disclaimer.............................................................................................4-7
Sec. 4.02.002 Definitions.............................................................................................4-7
Sec. 4.02.003 Offenses; penalty...................................................................................4-8
Sec. 4.02.004 Applicability to government bodies......................................................4-9
Sec. 4.02.005 Proper operation and maintenance; duties of permittee........................4-9
Sec. 4.02.006 Manual reset..........................................................................................4-9
Sec. 4.02.007 Use of relaying intermediary...............................................................4-10
Sec. 4.02.008 Alarm reporting...................................................................................4-10
Sec. 4.02.009 Records of alarm businesses................................................................4-10
Sec. 4.02.010 Automatic dialing prohibited...............................................................4-10
Sec. 4.02.011 Operating instructions to be maintained at alarm site.........................4-10
Sec. 4.02.012 Dispatch records..................................................................................4-11
Sec. 4.02.013 System performance reviews...............................................................4-11
Sec. 4.02.014 False alarm service fees.......................................................................4-11
Sec. 4.02.015 Responsibility for acts by agents.........................................................4-12
Division 2. Permit....................................................................................................................4-12
Sec. 4.02.041 Required; application; issuance...........................................................4-12
Sec. 4.02.042 Duration; transfer.................................................................................4-13
Sec. 4.02.043 Grounds for revocation........................................................................4-13
Sec. 4.02.044 Appeals................................................................................................4-14
Sec. 4.02.045 Forfeiture of fee upon revocation of permit........................................4-14
Sec. 4.02.046 Reapplication after revocation.............................................................4-14
ARTICLE 4.03 PEDDLERS AND SOLICITORS....................................................................4-15
Division 1. Generally...............................................................................................................4-15
Sec. 4.03.001 Definitions...........................................................................................4-15
Sec. 4.03.002 Penalty.................................................................................................4-16
Sec. 4.03.003 Hours and days of operation................................................................4-17
Sec. 4.03.004 Do-not-solicit/no knock list.................................................................4-17
Division 2. Commercial Solicitation.......................................................................................4-18
Sec. 4.03.031 Permit required....................................................................................4-18
Sec. 4.03.032 Exceptions...........................................................................................4-18
Sec. 4.03.033 Application for permit.........................................................................4-18
Sec. 4.03.034 Issuance of permit; bond.....................................................................4-19
Sec. 4.03.035 Identification cards; possession and display of identification card
and permit..........................................................................................4-20
Sec. 4.03.036 Appeals................................................................................................4-21
Sec. 4.03.037 Prohibited conduct...............................................................................4-21
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Sec. 4.03.038 Sale of fresh or frozen meats or seafood.............................................4-21
Sec. 4.03.039 Soliciting on street or public property.................................................4-22
Sec. 4.03.040 Supervision of child solicitors.............................................................4-23
Division 3. Charitable Solicitation..........................................................................................4-24
Sec. 4.03.071 Permit required; possession and display..............................................4-24
Sec. 4.03.072 Exceptions...........................................................................................4-24
Sec. 4.03.073 Application for permit.........................................................................4-24
Sec. 4.03.074 Issuance of permit; duration; renewal.................................................4-26
Sec. 4.03.075 Appeals................................................................................................4-26
Sec. 4.03.076 Responsibility of permittee for acts of persons soliciting...................4-27
Sec. 4.03.077 Prohibited methods of solicitation.......................................................4-27
Division 4. Religious Solicitation............................................................................................4-28
Sec. 4.03.101 Registration required...........................................................................4-28
Sec. 4.03.102 Registration information; duration......................................................4-28
Sec. 4.03.103 Proof of registration.............................................................................4-28
Sec. 4.03.104 Prohibited methods of solicitation.......................................................4-29
ARTICLE 4.04 SEXUALLY ORIENTED BUSINESSES........................................................4-30
Division 1. Generally...............................................................................................................4-30
Sec. 4.04.001 Purpose and intent...............................................................................4-30
Sec. 4.04.002 Definitions...........................................................................................4-30
Sec. 4.04.003 Classifications.....................................................................................4-33
Sec. 4.04.004 Enforcement; penalties; defenses........................................................4-34
Sec. 4.04.005 Injunctive relief...................................................................................4-34
Sec. 4.04.006 Amendments........................................................................................4-35
Division 2. License..................................................................................................................4-35
Sec. 4.04.031 Required; application...........................................................................4-35
Sec. 4.04.032 Issuance...............................................................................................4-36
Sec. 4.04.033 Fee.......................................................................................................4-38
Sec. 4.04.034 Inspections...........................................................................................4-38
Sec. 4.04.035 Expiration............................................................................................4-38
Sec. 4.04.036 Suspension...........................................................................................4-38
Sec. 4.04.037 Revocation...........................................................................................4-39
Sec. 4.04.038 Appeals................................................................................................4-40
Sec. 4.04.039 Transfer...............................................................................................4-40
Division 3. Location................................................................................................................4-40
Sec. 4.04.061 Restrictions..........................................................................................4-40
Sec. 4.04.062 Exemption from location restrictions..................................................4-41
Division 4. Operational Regulations.......................................................................................4-43
Sec. 4.04.091 Additional regulations for nude escort agencies..................................4-43
Sec. 4.04.092 Additional regulations for nude model studios....................................4-43
Sec. 4.04.093 Additional regulations for adult theaters and adult motion picture
theaters...............................................................................................4-43
Sec. 4.04.094 Additional regulations for adult models..............................................4-43
Sec. 4.04.095 Exhibition of sexually explicit films or videos....................................4-44
Sec. 4.04.096 Display of sexually explicit material to minors...................................4-45
ARTICLE 4.05 GRAVEL PITS AND MINING OPERATIONS..............................................4-46
Sec. 4.05.001 Penalty.................................................................................................4-46
Sec. 4.05.002 Zoning regulations; permit..................................................................4-46
Sec. 4.05.003 Reclamation and restoration of land....................................................4-46
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ARTICLE 4.06 FOOD ESTABLISHMENTS...........................................................................4-46
Division 1. Generally...............................................................................................................4-46
Sec. 4.06.001 Adoption of state rules.........................................................................4-46
Sec. 4.06.002 Definitions...........................................................................................4-47
Sec. 4.06.003 Penalty; injunctive relief......................................................................4-49
Sec. 4.06.004 Enforcement........................................................................................4-49
Sec. 4.06.005 Inspections...........................................................................................4-49
Sec. 4.06.006 Examination and condemnation of food; procedure when disease
is suspected........................................................................................4-51
Sec. 4.06.007 Submission and review of plans..........................................................4-52
Sec. 4.06.008 Food protection manager.....................................................................4-53
Sec. 4.06.009 Mobile units.........................................................................................4-54
Division 2. Permit....................................................................................................................4-55
Sec. 4.06.041 Required; transfer; exemptions............................................................4-55
Sec. 4.06.042 Issuance; fee; duration; offenses.........................................................4-56
Sec. 4.06.043 Suspension...........................................................................................4-57
Sec. 4.06.041 Revocation; appeals.............................................................................4-58
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ARTICLE 4.01 GENERAL PROVISIONS*
Sec. 4.01.001 Firearms dealers
(a) Generally. A person making application to hold or holding any federal firearms license to
conduct business in the town shall:
(1) Comply with all federal, state, county, and local regulations regarding all applicable
license applications and/or the operation of such firearm or firearm related business.
(2) Advise the chief of police or his or her designee of the theft or loss of any firearm in
the possession or control of such person and shall supply the make, model, and serial
number of any such firearm stolen or lost.
(3) Secure all firearms in his or her possession in a secure device designed for the
purpose of storing firearms.
(b) Storage of black or smokeless powder. No person holding any federal firearms license to
conduct business in the town shall store black or smokeless powder for retail sale.
(Ordinance 2011-21, sec. 2 (5.03), adopted 6/6/11)
ARTICLE 4.02 ALARM SYSTEMS†
Division 1. Generally
Sec. 4.02.001 Disclaimer
(a) The permit requirements and regulations set forth in this article in no way constitute an
endorsement of any business or of the concept of alarm systems as a positive aid to law
enforcement, and do not obligate the town emergency personnel to respond in any manner to any
notification as a result of a summons based on an alarm system.
(b) The fact of emergency personnel response(s) to one or more alarm system notifications in
no way is to be construed as the policy of the town or the intent of this article. The establishment
of such policy by this article is expressly denied.
(Ordinance 92-16, sec. II, adopted 5/19/92; Ordinance 92-21, sec. II, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.01)
Sec. 4.02.002 Definitions
Alarm notification. A communication intended to summon emergency personnel, which is
designed either to be initiated purposely by the person or by an alarm system that responds to a
stimulus characteristic of unauthorized intrusion.
* Charter reference–Franchises, section 10.00.
† State law references–Burglar alarm systems, V.T.C.A., Local Government Code, sec. 214.191 et seq.;
municipal authority to enact ordinances regulating alarm systems, V.T.C.A., Local Government Code, sec.
233.095; Private Security Act, V.T.C.A., Occupations Code, ch. 1702.
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Alarm permit holder. A person who has received an alarm system permit as required by this
article.
Alarm site. A single premises or location (one street address) served by an alarm system or
systems. An alarm site will include a multi-unit dwelling where the owner of such dwelling
provides or makes available an alarm system for his tenants. For purposes of the issuance of a
permit, such multi-unit dwelling shall be considered one property requiring only one permit.
Alarm system. A device or system that emits, transmits, or relays a signal intended to summon, or
that would reasonably be expected to summon, emergency personnel of the town, including but
not limited to local alarms. Alarm system does not include:
(1) An alarm installed on a motor vehicle;
(2) Any device or system designed solely to detect or give notice of fire, smoke or water
flow;
(3) An alarm system designed solely to alert the occupants of a building or residence
which will not emit a signal either audible or visible from outside the building or
residence.
Alarm system user. A person who owns or controls the premises upon which an alarm system is
located. For example, this would include a real estate agent acting on behalf of the owner of the
premises.
Chief. The chief of police of the town, or his representative.
Emergency personnel. Police personnel or fire personnel in the town.
False alarm notification. The activation of an alarm system that results in notification to town
emergency personnel, and response by emergency personnel at a time when the responding
personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery,
attempted robbery, or any other violation that the alarm system was intended to report.
Local alarm. An alarm system that emits a signal at an alarm site that is audible or visible from
the exterior of a structure.
Person. An individual, corporation, partnership, association, organization or similar entity.
(Ordinance 92-16, sec. III, adopted 5/19/92; Ordinance 92-21, sec. III, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.02)
Sec. 4.02.003 Offenses; penalty
(a) It shall be unlawful to operate an alarm system during the period in which an alarm permit
is under revocation. Each day of such operation shall constitute a separate offense.
(b) It shall be unlawful for any person to operate an alarm system without a permit or in
violation of any provision of section 4.02.041 or for a violation of section 4.02.014(a) and (b).
Each day of such operation shall constitute a separate offense.
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(c) Any person in violation of subsection (a) or (b) of this section shall be fined, upon
conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a
separate offense shall be deemed committed upon each day during or on which a violation occurs
or continues.
(Ordinance 92-16, sec. XXIII, adopted 5/19/92; Ordinance 92-21, sec. XXIII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.20)
Sec. 4.02.004 Applicability to government bodies
The United States government, the state, the town or any county government or school district
situated within the corporate limits of the town shall comply with the requirements of this code;
provided, however, that they shall be exempt from the payment of any fees. (Ordinance 92-16,
sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92; 2006 Code, ch. 10, sec.
3.19)
Sec. 4.02.005 Proper operation and maintenance; duties of permittee
(a) A permit holder or alarm system user shall:
(1) Maintain the premises containing an alarm system in a manner that ensures proper
operation of the alarm system;
(2) Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) Respond or cause a representative to respond within a reasonable period of time
when notified by the town to repair or inactivate a malfunctioning alarm system, to
provide access to the premises or to provide security for the premises. For purposes
of this article, it shall be a rebuttable presumption that more than thirty (30) minutes
constitutes an unreasonable period of time to respond;
(4) Not manually activate an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report.
(b) A person in control of an alarm system shall adjust the mechanism or cause the mechanism
to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after
being activated.
(Ordinance 92-16, sec. VI, adopted 5/19/92; Ordinance 92-21, sec. VI, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.05)
Sec. 4.02.006 Manual reset
A permit holder or person in control of an alarm system which has an automatic resetting device,
and which system causes three (3) or more alarms within a twenty-four (24) hour period, shall
manually reset the system. (Ordinance 92-16, sec. VII, adopted 5/19/92; Ordinance 92-21, sec.
VII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.06)
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Sec. 4.02.007 Use of relaying intermediary
A permit holder or person in control of an alarm system shall not allow signals to be reported
through a relaying intermediary that does not comply with the requirements of this code and any
rules and regulations promulgated by the chief, or is not licensed by the state private security
bureau. (Ordinance 92-16, sec. VIII, adopted 5/19/92; Ordinance 92-21, sec. VIII, adopted
12/15/92; 2006 Code, ch. 10, sec. 3.07)
Sec. 4.02.008 Alarm reporting
A person who is engaged in the business of relaying alarm notifications to the town shall:
(1) Make notification by a human operator; and
(2) Communicate alarm notifications to the town in a manner and form designated by the
chief.
(Ordinance 92-16, sec. IX, adopted 5/19/92; Ordinance 92-21, sec. IX, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.08)
Sec. 4.02.009 Records of alarm businesses
(a) A person engaged in the business of selling, leasing, installing, or otherwise distributing
alarm systems shall maintain records at its place of business which will show the names and
addresses of persons to whom an alarm system was sold, leased, installed or otherwise
distributed, as well as the date of such transaction.
(b) Said business shall make said records available during regular business hours to the chief or
his designated representative for inspection. The purpose of this section is to assure that alarm
system users are in compliance with this code, but not to regulate in any manner any person
engaged in the alarm business.
(Ordinance 92-16, sec. X, adopted 5/19/92; Ordinance 92-21, sec. X, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.09)
Sec. 4.02.010 Automatic dialing prohibited
No person shall operate or cause to be operated any automatic dialing device which, when
activated, uses a telephone device or attachment to automatically select a telephone line leading
into the police department of the town and then transmit any prerecorded message or signal.
(Ordinance 92-16, sec. XI, adopted 5/19/92; Ordinance 92-21, sec. XI, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.10)
Sec. 4.02.011 Operating instructions to be maintained at alarm site
A permit holder or person in control of an alarm system shall maintain at each alarm site a
complete set of written operating instructions for each alarm system. Special codes,
combinations, or passwords shall not be included in these instructions. (Ordinance 92-16, sec.
XII, adopted 5/19/92; Ordinance 92-21, sec. XII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.11)
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Sec. 4.02.012 Dispatch records
(a) Emergency personnel responding to a dispatch resulting from an alarm system notification
shall record such information as necessary to permit the chief to maintain records, including but
not limited to the following information:
(1) Identification of the permit holder;
(2) Identification of the alarm site;
(3) Time dispatched, arrived, and cleared;
(4) Time of day, date;
(5) Weather conditions; and
(6) Name of the permit holder’s representative on the premises, if any.
(b) Responding personnel shall indicate on the dispatch record whether the notification was
caused by a false alarm.
(Ordinance 92-16, sec. XIII, adopted 5/19/92; Ordinance 92-21, sec. XIII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.12)
Sec. 4.02.013 System performance reviews
If there is reason to believe that an alarm system is not being used or maintained in the manner
that ensures proper operation and suppresses false alarms, the chief may require a conference
with an alarm permit holder and the individual or association responsible for maintenance of the
alarm system to review circumstances of each false alarm. Any such conference will be held only
after a ten (10) day notice to the permit holder, such notice to be effective on mailing to the
permit holder at the address listed on the application. (Ordinance 92-16, sec. XIV, adopted
5/19/92; Ordinance 92-21, sec. XIV, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.13)
Sec. 4.02.014 False alarm service fees
(a) Except as provided in subsections (b) and (c), the holder of an alarm permit shall pay a
service fee in the amount established by the fee schedule for each false alarm notification emitted
from an alarm site that is in excess of five (5) false alarms during the twelve (12) months
immediately following the date of issuance of the permit and each succeeding twelve (12) months
thereafter.
(b) The holder of an alarm permit for a multifamily dwelling issued as one protected property
shall pay a service fee in the amount established by the fee schedule for each false alarm
notification emitted from said alarm site that is in excess of ten (10) false alarms during the
twelve (12) months immediately following the date of issuance of the permit and each succeeding
twelve (12) months thereafter.
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(c) If a person notifies the chief and applies for an alarm permit before the installation of a new
alarm system, no service fee will be assessed during the first fifteen (15) days after installation,
and false alarm notifications during that period will not be counted in determining when a service
fee will be assessed.
(Ordinance 92-16, sec. XV, adopted 5/19/92; Ordinance 92-21, sec. XV, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.14; Ordinance adopting Code)
Sec. 4.02.015 Responsibility for acts by agents
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this code to
hold a corporation, partnership or other association criminally responsible for acts or omissions
performed by an agent acting on behalf of the corporation, partnership or other association, within
the scope of his employment. (Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21,
sec. XVII, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.16(C))
Secs. 4.02.016–4.02.040 Reserved
Division 2. Permit
Sec. 4.02.041 Required; application; issuance
(a) No person shall operate, cause to be operated, or permit the operation of an alarm system
unless a valid permit has been issued by the town for such system. This requirement is applicable
to the person in control of the property which the alarm system is designed to protect.
(b) An alarm system user or his agent shall obtain a permit for each alarm site.
(c) Upon receipt of a completed application form, the permitting department shall issue an
alarm permit to the applicant unless the applicant has failed to pay a service fee assessed under
section 4.02.014 or has had an alarm permit for the alarm site revoked, and the violation causing
the revocation has not been corrected.
(d) Each permit application must contain the following information:
(1) Name, address, and telephone number of the person who will be the permit holder
and be responsible for the proper maintenance and operation of the alarm system and
payment of fees assessed under this article.
(2) The street address of the property on which the alarm system is to be installed and
operated.
(3) Classification of the alarm site as either residential or commercial.
(4) Any business name or title used for the premises on which the alarm system is to be
installed and operated.
(5) The name of one other person to respond to an alarm in the event the permit holder is
unavailable.
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(6) Any other information required by the law enforcement agency which is necessary
for the enforcement of this article.
(e) Any false statement of a material matter made by the applicant for the purpose of obtaining
an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a
permit already issued.
(f) A permit holder shall inform the town of any change that alters any information listed on
the permit application within five (5) days of the occurrence of the change.
(g) All fees owed by an applicant must be paid before a permit may be issued or renewed.
(h) The fee for a permit issued pursuant to this code shall be in the amount established by the
fee schedule in appendix A to this code for single-family residences and businesses.
(i) The fee for a permit issued pursuant to this code for a multiple-family dwelling when the
owner of that dwelling provides or makes available for his tenants alarm systems shall be in the
amount established by the fee schedule per permit term for each unit.
(Ordinance 92-16, sec. IV, adopted 5/19/92; Ordinance 92-21, sec. IV, adopted 12/15/92; 2006
Code, ch. 10, sec. 3.03; Ordinance adopting Code)
Sec. 4.02.042 Duration; transfer
A permit is valid, unless revoked, from the date of issuance. A permit is transferable to a
purchaser of property where the alarm system is in place provided there are no modifications
made to the alarm system and a new permit fee is paid. (Ordinance 92-16, sec. V, adopted
5/19/92; Ordinance 92-21, sec. V, adopted 12/15/92; 2006 Code, ch. 10, sec. 3.04)
Sec. 4.02.043 Grounds for revocation
The chief may revoke an alarm permit if he determines that:
(1) There is any violation of this article;
(2) There is a false statement of a material matter in the application for a permit;
(3) An alarm system other than a multifamily dwelling system has generated in excess of
six (6) false alarms during the twelve (12) months immediately following the date of
issuance of the permit and each succeeding twelve (12) months thereafter;
(4) A multifamily dwelling alarm system has generated in excess of ten (10) false alarm
notifications during the twelve (12) months immediately following the date of
issuance of the permit and each succeeding twelve (12) months thereafter;
(5) The permit holder has failed to make payment of any service fee assessed under
section 4.02.014 within thirty (30) days of the assessment.
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(6) Failure to attend the conference provided for in section 4.02.013.
(Ordinance 92-16, sec. XVI, adopted 5/19/92; Ordinance 92-21, sec. XVI, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.15)
Sec. 4.02.044 Appeals
(a) If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the
applicant or permit holder by certified mail, return receipt requested, written notice of this action
and a statement of the right to an appeal. The applicant or permit holder may appeal the decision
of the chief to the town manager or designee by filing with the town manager or designee a
written request for a hearing setting forth the reason for the appeal, within ten (10) days after
receipt of the notice of the chief. The filing of a request for an appeal hearing with the town
manager or designee stays the action of the chief as to the denial of a permit or the revocation of a
permit until the town manager or designee makes a final decision. If a request for an appeal
hearing is not made within the ten-day period, the action of the chief is final.
(b) The town manager or designee shall serve as hearing officer at an appeal, and consider
evidence by any interested person. The formal rules of evidence do not apply at an appeal
hearing; the hearing officer shall make his decision on the basis of a preponderance of the
evidence presented, within thirty (30) days after the request for an appeal hearing is filed. The
hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing
officer is final as to the administrative remedies with the town.
(Ordinance 92-16, sec. XVII, adopted 5/19/92; Ordinance 92-21, sec. XVII, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.16(A), (B); Ordinance adopting Code)
Sec. 4.02.045 Forfeiture of fee upon revocation of permit
When the revocation of a permit is final, all permit fees shall be forfeited. (Ordinance 92-16, sec.
XVIII, adopted 5/19/92; Ordinance 92-21, sec. XVIII, adopted 12/15/92; 2006 Code, ch. 10, sec.
3.17)
Sec. 4.02.046 Reapplication after revocation
(a) Should an alarm system user or his agent, after final permit revocation, desire to reapply for
a permit, he shall be required to submit a new permit application, including required permit fees.
(b) The applicant shall also submit satisfactory proof of compliance with the code.
(Ordinance 92-16, sec. XIX, adopted 5/19/92; Ordinance 92-21, sec. XIX, adopted 12/15/92;
2006 Code, ch. 10, sec. 3.18)
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ARTICLE 4.03 PEDDLERS AND SOLICITORS*
Division 1. Generally
Sec. 4.03.001 Definitions
In this code:
Actively supervised. Oversight and supervision by an adult person at least eighteen (18) years of
age who is physically located within one hundred feet (100') of a child solicitor sixteen (16) years
of age or less for whom the supervisor is responsible at all times when such child solicitor is
engaged in soliciting.
Agent. Any person contracting with the holder of a permit secured pursuant to the terms of this
article to advertise, distribute or sell products under such permit.
Applicant. Any person that requests a permit for solicitation as required by this article.
Charitable solicitations and charitable solicitations campaign. Any course of conduct whereby
any person solicits property or financial assistance of any kind, or sells or offers for sale or use
any goods or merchandise, including, without limitation, any article, tag, service, emblem,
publication, ticket, advertisement, subscription or anything of value on the plea or representation
that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic
or philanthropic purpose.
Commercial solicitations. Any course of conduct whereby any person engages in soliciting of
goods or merchandise, other than charitable solicitations or religious solicitations as defined
herein.
Goods or merchandise. Any service or personal property of any nature whatsoever except printed
material.
Itinerant vendor. A person who engages in a business of selling goods or services from any
structure or vehicle which is not affixed to the ground, or from no structure or vehicle.
Mobile food unit. A vehicle from which food is distributed or served to an ultimate customer.
Permit. Written documentation issued by the town permitting department authorizing activities in
accordance with this article.
Permitting department. The office and individuals assigned to the office primarily tasked with
issuing permits as required or authorized by the town.
Person or persons. An individual, corporation, association, church, organization, society or any
other legal entity, including their employees, contractors, agents, members, and representatives.
* State law references–Authority of municipality to license, tax, suppress, prevent, or otherwise regulate
peddlers, hawkers and pawnbrokers, V.T.C.A., Local Government Code, sec. 215.031; cancellation of
certain consumer transactions, V.T.C.A., Business and Commerce Code, ch. 601; solicitation by pedestrian,
V.T.C.A., Transportation Code, sec. 552.007.
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Public property. Any property open or devoted to public use or owned by, leased to or under the
control of the town, including, but not limited to, buildings, facilities, sidewalks, streets,
parkways, medians, right-of-way easements and parks.
Religious solicitations and solicitations for a religious purpose. Any course of conduct whereby
any person solicits property or financial assistance of any kind or sells or offers for sale or use
any goods or merchandise, including, without limitation, any article, tag, service, emblem,
publication, ticket, advertisement, subscription or anything of value, on the plea or representation
that such sale or solicitation or the proceeds therefrom are for a religious purpose, on public
property, in any privately or publicly owned or controlled office building, or any other public or
private place, or by house-to-house canvassing.
Shoulder. The unpaved section of a highway, road, or street in the town which is located in the
public right-of-way and abuts the paved section of the highway, road or street and extends to the
outside boundaries of the right-of-way.
Solicit or soliciting. Any course of conduct to sell or attempt to sell goods or merchandise,
including without limitation, services or anything of value, or to take or attempt to take orders for
the future delivery of goods or merchandise, or anything of value, or to take or attempt to take
orders for services to be furnished or performed in the future when the solicitation occurs upon
the premises of another or upon any public property. The term includes the distribution of a
handbill, a circular, or a flyer advertising a commercial event, or commercial goods or
merchandise. An offer of membership in an organization is expressly excluded.
Solicitation. The practice, act or instance of soliciting as defined herein.
Solicitor. All persons who solicit.
Town. The area within the corporate and extraterritorial boundaries of the town, and includes
without limitation all private property and public property within those boundaries.
Town manager. The town manager or his designee.
Vehicle. Any device in, upon, or by which a person or property may be transported or drawn upon
a street or sidewalk, including but not limited to motor vehicles, carts, wagons, cars, trucks and
vans.
(Ordinance 86-12, sec. II, adopted 4/14/86; Ordinance 92-22, sec. II, adopted 12/15/92; 2006
Code, ch. 10, sec. 4.01; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2014-21, sec.
2.01, adopted 8/12/14; Ordinance adopting Code)
Sec. 4.03.002 Penalty
(a) Criminal penalty. Any person intentionally, knowingly, or recklessly violating any of the
provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine in a sum not to exceed five hundred dollars ($500.00) for each offense
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
(b) Revocation or suspension of permit or identification card by municipal court judge. Upon
conviction of two (2) or more violations of any one (1) or more of the provisions of this article,
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the town’s municipal court judge, in addition to imposing a fine, may institute proceedings to
suspend or revoke the permit or the solicitor’s identification card issued under this article. A
person who has received two (2) or more convictions under this article shall be denied a permit or
solicitor’s identification card for a period of two (2) years following the date of the second
conviction.
(Ordinance 86-12, sec. VIII, adopted 4/14/86; Ordinance 92-22, sec. IX, adopted 12/15/92; 2006
Code, ch. 10, sec. 4.06; Ordinance 2014-21, sec. 2.04, adopted 8/12/14)
Sec. 4.03.003 Hours and days of operation
(a) It shall be unlawful for any person to conduct commercial solicitations, charitable
solicitations or religious solicitations before the hour of 9:00 a.m. and after the earlier of dusk or
the hour of 9:00 p.m. on any day Monday through Saturday, except as otherwise expressly
provided herein. For purposes of this section, dusk shall mean thirty (30) minutes after sunset.
(b) There shall be no solicitation on Sunday, New Years Eve, New Years Day, Memorial Day
(observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving,
Christmas Eve, or Christmas Day.
(Ordinance 86-12, sec. VI, adopted 4/14/86; 2006 Code, ch. 10, sec. 4.05; Ordinance 2008-21,
sec. II, adopted 8/18/08; Ordinance 2008-33, sec. II, adopted 10/20/08; Ordinance 2014-15
adopted 6/16/14)
Sec. 4.03.004 Do-not-solicit/no knock list
(a) The town manager shall develop and maintain a list of residential property addresses where
soliciting is prohibited and such list shall be referred to as the “do-not-solicit/no knock list.”
(b) Any property owner or occupant of a residential property may elect to add or remove his or
her residential address to or from the do-not-solicit/no knock list through the procedures
developed by the town manager as posted on the town website and as available at the town
permitting department. The property owner or occupant making such a request shall be required
to affirm in writing that he or she is an owner or occupant of the residential property, and is
making the request on his or her behalf and/or on behalf of any other owner or occupant at that
property.
(c) The town manager shall make the do-not-solicit/no knock list available on the town’s
website and shall also make the list available at the town permitting department to any person
upon request.
(d) The town manager shall make the do-not-solicit/no knock list available to each person
issued a permit under this article and to each person issued a solicitor’s identification card under
this article at the time of issuance of the permit or solicitor’s identification card. It shall be the
responsibility of the holder of the permit or solicitor’s identification card to review the listing of
residential properties provided on the town website at intervals identified by town on the permit
or solicitor’s identification card in order to ensure that he/she is utilizing the most current do-not-
solicit/no knock list.
(Ordinance 2014-21, sec. 2.03, adopted 8/12/14)
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Secs. 4.03.005–4.03.030 Reserved
Division 2. Commercial Solicitation
Sec. 4.03.031 Permit required
Except as expressly provided herein, it shall be unlawful for a person to conduct any commercial
solicitation in the town without first having in his or her possession a valid written permit therefor
issued by the town. (2006 Code, ch. 10, sec. 4.02(A). See end of this division for full history for
this division.)
Sec. 4.03.032 Exceptions
The following shall be affirmative defenses to prosecution for violation of applicable permitting
requirements set forth in this article:
(1) That the solicitor is on the property by express invitation of the person residing on or
controlling such premises.
(2) That the solicitor is a wholesale agent or factory representative who sells or exhibits
for sale goods, wares or merchandise and was soliciting a person or persons engaged
in the business of buying, selling and dealing in the same type of goods or
merchandise.
(3) That the solicitor was operating under a license granted by a state agency or the town
authorizing the sale of property or services which the solicitor wishes to sell in the
town.
(4) That the solicitor was soliciting newspaper sales or sales of publications or other
printed material which deal with the dissemination of information or opinion;
however, this defense is not available for a violation of section 4.03.039(c), section
4.03.039(d), or section 4.03.003 of this article.
(5) That the solicitation takes place upon the premises owned, leased or controlled by the
solicitor or by his employer.
(2006 Code, ch. 10, sec. 4.02(B). See end of this division for full history for this division.)
Sec. 4.03.033 Application for permit
(a) Any person desiring to solicit within the town shall file a written application for a permit to
do so with the permitting department, which application shall show:
(1) The name and address of the applicant; if the applicant is an association, company or
corporation, then it shall state its name along with the names of the persons who will
be soliciting in the town;
(2) The name and address of the employer or firm which such applicant represents;
(3) If the applicant is a corporation, or if the individual is employed by a corporation, the
date and place of incorporation;
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(4) The names of other communities in which the applicant has worked as a solicitor in
the past twelve (12) months, and if he was employed by a different company in the
other communities, the names of those companies shall also be stated;
(5) The nature of goods or merchandise to be sold or offered for sale or the nature of the
services to be furnished;
(6) Whether such applicant upon such order so obtained will demand, accept or receive
payment or deposit of money in advance of final delivery;
(7) The period of time such applicant so wishes to solicit in the town;
(8) An outline of the method or methods to be used in conducting the solicitations;
(9) A physical description of the applicant which includes sex, height, hair and eye color,
date of birth, driver’s license number and the name of the state issuing the driver’s
license; and
(10) Whether the applicant or any person soliciting pursuant to the applicant’s permit has
been convicted within the five (5) years preceding the date of the application of
murder, burglary, theft, fraud, robbery, rape, or any drug-related felony or is a
registered sex offender.
(b) Such application shall also show satisfactory written proof of the applicant’s authority to
represent the company or individual such applicant states that he represents.
(c) The application shall be accompanied by a fee as set forth in the fee schedule in appendix A
of this code, and no permit hereunder shall be issued until such fee has been paid by the applicant.
(d) A permit requested under this section shall be issued for the length of time requested, not to
exceed twelve (12) months. Upon expiration of one permit, the solicitor may apply for a new
permit in the same manner prescribed by this section for a new permit.
(e) The permitting department shall require the applicant to provide documentation from the
state department of public safety that neither the applicant nor any of the applicant’s agents have
been convicted within the five (5) years preceding the date of the application of murder, burglary,
fraud, theft, robbery, rape, or any drug-related felony or are registered sex offenders.
(2006 Code, ch. 10, sec. 4.02(C). See end of this division for full history for this division.)
Sec. 4.03.034 Issuance of permit; bond
(a) Where the applicant for a permit to solicit within the town shows that the applicant will not
demand, receive or accept payment and/or deposit of money in advance of final delivery of goods
or merchandise to be solicited by such applicant and/or the applicant’s agents, it shall be the duty
of the permitting department to issue to such applicant a permit to solicit the goods or
merchandise identified in such applicant’s application within five (5) working days of the
completion of the application and payment of the fee, unless it has been determined that the
application contains false information or the applicant and/or any of the applicant’s agents has
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been convicted within the five (5) years preceding the date of the application of murder, theft,
fraud, burglary, robbery, rape, or a drug-related felony or are a registered sex offender.
(b) If the application for such permit shows that such applicant shall receive, demand or accept
payment and/or deposit of money in advance of final delivery of goods or merchandise sold, then
such application shall be accompanied by a bond in the penal sum of one thousand dollars
($1,000.00) for an individual permit executed by such applicant as principal and a surety
company licensed to do business as such in the state. Such bond is to be conditioned upon making
final delivery of such goods, merchandise, services, or anything of value in accordance with the
terms of such order and/or orders obtained and which bond shall be used for the benefit of all
persons who may pay in advance or make any advance deposit on the purchase of orders for
goods or merchandise and such bond shall stipulate this obligation in its terms.
(c) If the application contains false information or the applicant and/or any person operating
under the applicant’s permit has been convicted within the five (5) years preceding the date of the
application of murder, theft, fraud, burglary, robbery, rape, or a drug-related felony or is a
registered sex offender, the permitting department shall not issue the permit.
(2006 Code, ch. 10, sec. 4.02(D). See end of this division for full history for this division.)
Sec. 4.03.035 Identification cards; possession and display of identification card and
permit
(a) Issuance of identification cards. Along with every individual permit issued under the
provisions of this article, the permit holder shall be issued a solicitor’s identification card, which
shall contain the information set forth in subsection (b) below. The applicant shall provide the
permitting department with the names and addresses of all persons soliciting and for whom such
solicitor identification cards are required under this section. A person to whom a permit has been
issued under this division shall obtain a solicitor’s identification card for himself and for each
person soliciting for or on behalf of such permit holder.
(b) Information on identification cards. Solicitor’s identification cards shall contain the name
of the permit holder, the address of the permit holder, the name, address, date of birth, sex, hair
and eye color, photograph, and signature of the solicitor to whom such solicitor’s identification
card is issued, a description of the purpose of the solicitation for which the permit has been
issued, the signature of the solicitor and the specific period of time during which the solicitor is
authorized to solicit on behalf of the permit holder. The solicitor’s identification card shall also
contain the following language prominently printed in either red or boldface type: “This
identification card is not an endorsement of the Solicitation by the Town of Trophy Club or its
officers, officials, or employees. It is your duty to verify all information given to you by this
Solicitor.”
(c) Possession and display of identification card and permit. No person shall solicit without the
solicitor’s identification card and a copy of the permit in his possession. The solicitor’s
identification card shall be prominently displayed on the person of the solicitor at all times while
engaged in solicitation within the town. Upon the request of any person to whom a solicitation is
being made or upon the request of a peace officer, a copy of the permit issued by the town shall
be shown. It shall be unlawful for any person to solicit in the town without having the required
permit and/or solicitor’s identification card on his person. It shall be unlawful for any person
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soliciting to fail or refuse to show or display such permit or solicitor’s identification card upon the
request of a person solicited or of a peace officer.
(2006 Code, ch. 10, sec. 4.02(E). See end of this division for full history for this division.)
Sec. 4.03.036 Appeals
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to
the town council by submitting a letter to the town secretary’s office within ten (10) days of the
effective date of the denial or revocation. A hearing on the denial or revocation will then be
scheduled for the next regular meeting of the town council for which all legal requirements can be
met. The town council will render a decision on the appeal within ten (10) days of the hearing.
(2006 Code, ch. 10, sec. 4.02(F). See end of this division for full history for this division.)
Sec. 4.03.037 Prohibited conduct
It shall be unlawful for a person engaged in solicitation to:
(1) Misrepresent the purpose of the solicitation;
(2) Misrepresent the affiliation of those engaged in the solicitation;
(3) Continue efforts to solicit from an individual once that individual informs the
solicitor that he does not wish to give anything to or buy anything from that solicitor;
(4) Represent the issuance of any permit under this article as an endorsement or
recommendation of the solicitation by the town;
(5) Go onto residential property upon which the owner of the property or the person
controlling the property:
(A) Has posted signs prohibiting solicitation; and
(B) Has placed his/her name and the address of such residential property on the do-
not-solicit/no knock list maintained by the town.
(6) Remain on property after the owner of the property or person controlling the property
has instructed the solicitor to leave; or
(7) Conduct any form of solicitation during prohibited hours as set forth in section
4.03.003.
(2006 Code, ch. 10, sec. 4.02(G). See end of this division for full history for this division.)
Sec. 4.03.038 Sale of fresh or frozen meats or seafood
(a) Sale on public property. It shall be unlawful for any person to solicit or exhibit for sale
fresh or frozen meats or frozen seafood upon any public property within the town.
(b) Sale by itinerant vendors. It shall be unlawful for any itinerant vendor to solicit or exhibit
for sale fresh or frozen meats or seafood within the town.
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(c) Defenses. It shall be an affirmative defense to subsections (a) and (b) of this section if the
solicitor is a wholesale agent, factory representative or other person who sells or exhibits for sale
fresh or frozen meats or seafood and was soliciting persons engaged in the business of buying and
selling fresh or frozen meats and such solicitation does not occur on public property.
(2006 Code, ch. 10, sec. 4.02(H), (I). See end of this division for full history for this division.)
Sec. 4.03.039 Soliciting on street or public property
(a) Soliciting occupants of vehicles.
(1) It shall be unlawful for any person to solicit the occupant of any vehicle located upon
the paved surface or shoulder of any public street, highway or road within the town.
(2) It shall be an affirmative defense to prosecution under subsection (a)(1) of this
section if the solicitation was for the sale of newspapers or publications or other
printed material which deals with the dissemination of information or opinion;
however, this defense is not available for a violation of subsection (c) of this section,
subsection (d) of this section, or section 4.03.003 of this article.
(b) Occupying public property.
(1) Prohibited. It shall be unlawful for any person to occupy any public property in the
town for the purpose of soliciting.
(2) Defenses. It is an affirmative defense to prosecution under this subsection if a person
engaged in soliciting:
(A) Possesses a contract with the town to operate a concession on designated areas
of public property;
(B) Possesses a vendor’s permit for prepared frozen dairy food products or frozen
desserts to be sold from a mobile food unit on the streets and which unit
remains in the same place no more than five (5) minutes and then moves on to
a new location after each sale; however, this defense is not applicable to the
sale of prepared frozen dairy food products and frozen deserts to be sold from a
mobile food unit or otherwise upon the major thoroughfares identified by
subsection (d) of this section;
(C) Is soliciting, distributing or offering for sale only printed matter on streets,
sidewalks or rights-of-way other than those major thoroughfares listed in
subsection (d) of this section;
(D) Is operating a vehicle for hire pursuant to a franchise, license, or permit of the
town or the state; or
(E) Has been granted permission by agreement approved by the town council.
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(3) Placing or maintaining structure or vehicle. It shall be unlawful for any person to
erect, construct, build, place or maintain any booth, stand or other structure, or
vehicle, either permanent or temporary, upon any public property with the intent of
soliciting from such structure or vehicle. It shall be an affirmative defense to
prosecution under this section if:
(A) The coin-operated newspaper vending machine is located upon public
sidewalks and does not create a hazard to pedestrians or vehicular traffic;
(B) The person possesses a contract with the town to operate a concession on
designated areas of public property;
(C) The person has been authorized to do so at a special event by the town council;
or
(D) The person possesses a vendor’s permit for prepared frozen dairy food products
or frozen desserts to be sold from a mobile food unit on the streets and which
unit remains in the same place no more than five (5) minutes and then moves
on to a new location after each sale; however, this defense is not applicable to
the sale of prepared frozen dairy food products or frozen desserts to be sold
from a mobile food unit or otherwise upon those major thoroughfares listed in
subsection (d) of this section.
(c) Soliciting or distributing newspapers or publications to occupants of vehicles. It shall be
unlawful for any person to solicit or to give newspapers or publications to any occupant of any
vehicle which is located in a traffic lane or shoulder of any of the major thoroughfares set forth in
subsection (d) of this section.
(d) Soliciting on major thoroughfare. The rights-of-way, highways, roads and streets and the
intersections where other rights-of-way, highways, roads and streets intersect the rights-of-way,
highways, roads and streets enumerated in the town’s comprehensive land use plan are declared
to be major thoroughfares within the limits of the town for purposes of this section. Except as
specifically set forth herein, solicitation upon major thoroughfares is prohibited.
(2006 Code, ch. 10, sec. 4.02(J)–(M). See end of this division for full history for this division.)
State law reference–Solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.007.
Sec. 4.03.040 Supervision of child solicitors
It shall be unlawful for any person to use children sixteen (16) years of age or younger for
commercial solicitation purposes unless such children are actively supervised by an adult person
who is permitted or registered as required by this article. (2006 Code, ch. 10, sec. 4.02(N)). See
end of this division for full history for this division.)
(Ordinance 86-12, sec. III, adopted 4/14/86; Ordinance 92-22, secs. III, VI, adopted 12/15/92;
2006 Code, ch. 10, sec. 4.02; Ordinance 2008-21, sec. II, adopted 8/18/08; Ordinance 2014-21,
sec. 2.02, adopted 8/12/14)
Secs. 4.03.041–4.03.070 Reserved
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Division 3. Charitable Solicitation
Sec. 4.03.071 Permit required; possession and display
(a) It shall be unlawful to conduct any charitable solicitation campaign in any office building
or on any public property or private place, or by house-to-house canvass, unless the person
sponsoring the charitable solicitation campaign shall first have obtained a permit in compliance
with the terms of this division.
(b) No person shall engage in charitable solicitations under this article without having in his
possession a copy of the permit or other documentation evidencing that a permit has been issued
by the town for the charitable solicitations campaign. The proof of registration shall be shown,
upon request, to all persons solicited and to any peace officer of the town.
(2006 Code, ch. 10, sec. 4.03(A). See end of this division for full history for this division.)
Sec. 4.03.072 Exceptions
The following are affirmative defenses to the permitting requirements of this division:
(1) Any charitable solicitation by or from a person who is a member of or is acting on
behalf of an organization which solicits funds solely from its own members or from
its own assemblies, not using public property for such purposes;
(2) Any charitable solicitation by or from a person for or on behalf of a public or private
school which controls the solicitation of funds by parent-teacher association
organizations and the solicitation of funds by other activity groups which may be
sponsored by the public or private school or by an association or club whose primary
purpose is to sponsor certain student and parent activities for the benefit of such
association, club or activity;
(3) Any charitable solicitation for the benefit of an individual or family that has suffered
a personal tragedy resulting from personal injury, illness or the loss of housing;
(4) Any charitable solicitations campaign conducted through the use of television or
radio as to those activities directly related to the use of television or radio; and
(5) Members of bona fide full-time or volunteer fire departments or police departments
when engaged in a charitable solicitations campaign, including, without limitation,
the Muscular Dystrophy Foundation “Fill the Boot” campaign.
(2006 Code, ch. 10, sec. 4.03(B). See end of this division for full history for this division.)
Sec. 4.03.073 Application for permit
(a) A permit [application] to conduct a charitable solicitations campaign on the streets or in
any public place or a permit to conduct a charitable solicitations campaign on public property or
private property in the town shall be submitted in duplicate to the permitting department not less
than eleven (11) working days (Monday through and including Friday) prior to the initiation of
the proposed charitable solicitations campaign. If the application is mailed to the permitting
department, it must be received eleven (11) working days (Monday through and including Friday)
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prior to the proposed date for the initiation of the proposed campaign. Such application shall be
sworn to by the applicant and shall contain, at minimum, the following information. A permit will
be issued upon the approval of the permitting department on or before the fifth working day after
its receipt or it shall be deemed denied. The application shall contain:
(1) The full name of the organization applying for a permit to solicit and the address of
the headquarters in the town; if the organization is a chapter or other affiliate of an
organization having its principal office outside the town, the name and address of the
parent organization.
(2) The names and addresses of all officers and directors or trustees of the organization
and the name and city of residence of all officers, directors or trustees of the parent
organization, if any.
(3) The purpose or purposes for which the gross receipts derived from such solicitations
or other activities are to be used.
(4) The name of the person or persons by whom the receipts of such solicitation shall be
disbursed; if the receipts are transmitted to a parent organization for further
disbursement, detailed information on the methods of handling and disbursement of
all funds and a detailed and complete financial statement of the parent organization
for the last preceding fiscal year.
(5) The name and address of the person or persons who will be in charge of conducting
the charitable solicitations campaign and the approximate number of persons who
shall actually solicit contributions.
(6) A physical description of the applicant which includes sex, height, hair and eye color,
date of birth, driver’s license number and the name of the state issuing the driver’s
license, if applicable.
(7) Whether the applicant has been convicted within the five (5) years preceding the date
of the application of murder, burglary, theft, fraud, robbery, rape, or any drug-related
felony, or is a registered sex offender.
(8) An outline of the method or methods to be used in conducting the charitable
solicitations campaign.
(9) The period within which such charitable solicitations campaign shall be conducted,
including the proposed dates for the beginning and ending of such campaign.
(10) The total amount of funds proposed to be raised.
(11) The amount of all salaries, wages, fees, commissions, expenses and costs to be
expended or paid to anyone in connection with such campaign, together with the
manner in which such wages, fees, commissions, expenses and costs are to be
expended, and the maximum percentage of funds collected which are to be used to
pay such expenses of solicitation and collection.
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(12) A full statement of the character and extent of the charitable, educational, patriotic or
philanthropic work done by the applicant within the town during the last preceding
year.
(13) If the applicant is a charitable corporation, evidence and documentation of the
applicant’s current status as a charitable association or other organization to which
contributions are tax deductible for federal income tax purposes.
(b) The permitting department shall require the applicant to provide documentation from the
state department of public safety that the applicant has not been convicted within the five (5)
years preceding the date of the application of murder, burglary, fraud, theft, robbery, rape, or any
drug-related felony, or is a registered sex offender.
(2006 Code, ch. 10, sec. 4.03(C); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 4.03.074 Issuance of permit; duration; renewal
(a) Issuance of permit. Upon receipt of a fully completed application, the permitting
department shall issue a permit unless it is determined that:
(1) One or more of the statements made in the application are not true;
(2) The applicant or person in charge of the charitable solicitations campaign has made
or caused to be made false statements or misrepresentations to any member of the
public with regard to the charitable solicitations campaign or other activities
described in the permit, or has made or caused to be made false statements or
misrepresentations in the application, or has in any way publicly represented that the
permit granted hereunder is an endorsement or recommendation of the cause for
which the charitable solicitations campaign is being conducted or has otherwise
violated any of the terms of the permit or this article; or
(3) The applicant has been convicted within the five (5) years preceding the date of the
application of murder, burglary, fraud, robbery, theft, rape, or any drug-related felony
or is a registered sex offender.
(b) Duration of permit; renewal. A permit requested under this section shall be issued for the
length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the
solicitor may apply for a new permit in the same manner prescribed by this section for a new
permit.
(2006 Code, ch. 10, sec. 4.03(D). See end of this division for full history for this division.)
Sec. 4.03.075 Appeals
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to
the town manager or designee by submitting a letter to the town secretary’s office within ten (10)
days of the effective date of the denial or revocation action. The town manager or designee shall
render a decision within fifteen (15) days of receipt of the notice of appeal. The applicant may
appeal the decision of the town manager by submitting a letter to the town secretary’s office
within ten (10) days of the effective date of the denial or revocation action requesting an appeal to
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the town council. A hearing on the denial or revocation shall then be scheduled for the next
regular meeting of the town council for which all legal requirements can be met. The town
council shall render a decision on the appeal within fifteen (15) days of the hearing. (2006 Code,
ch. 10, sec. 4.03(E); Ordinance adopting Code. See end of this division for full history for this
division.)
Sec. 4.03.076 Responsibility of permittee for acts of persons soliciting
The applicant for a permit for a charitable solicitations campaign shall be liable for the acts of
persons soliciting pursuant to his permit in connection with such campaign. (2006 Code, ch. 10,
sec. 4.03(F). See end of this division for full history for this division.)
Sec. 4.03.077 Prohibited methods of solicitation
(a) It shall be unlawful for any person to engage in charitable solicitations in the right-of-way
or upon the paved portion or the median of any major thoroughfare listed in section 4.03.039(d).
(b) Notwithstanding the foregoing, a charitable solicitations campaign that provides
documentation that one hundred percent (100%) of the proceeds collected will be provided to the
organization for which the solicitations are being made may solicit in the areas defined by section
4.03.039(d) as major thoroughfares under the following conditions:
(1) The charitable solicitations campaign is only allowed to solicit between the hours of
9:00 a.m. and 4:00 p.m. Monday through Friday and between the hours of 7:00 a.m.
and 5:00 p.m. on Saturdays; and
(2) The police chief or his designee shall have the authority to order the suspension or
cessation of the activities of one or more persons acting pursuant to such permit if, in
the discretion of the police chief or his designee, such activities present a safety
hazard to the general public or to the individual(s) soliciting.
(c) It shall be unlawful for any person to stop or attempt to stop any vehicle which is located
upon the paved surface or shoulder of any public road, street or highway for the purpose of
soliciting a charitable contribution.
(d) It shall be unlawful for any person to obstruct a public sidewalk while engaged in charitable
solicitation.
(2006 Code, ch. 10, sec. 4.03(G). See end of this division for full history for this division.)
(Ordinance 86-12, sec. IV, adopted 4/14/86; Ordinance 92-22, sec. IV, adopted 12/15/92; 2006
Code, ch. 10, sec. 4.03; Ordinance 2008-21, sec. II, adopted 8/18/08)
State law references–Solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.007; local
authorization for solicitation by pedestrian, V.T.C.A., Transportation Code, sec. 552.0071.
Secs. 4.03.078–4.03.100 Reserved
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Division 4. Religious Solicitation
Sec. 4.03.101 Registration required
(a) A person sponsoring or otherwise conducting a religious solicitations campaign shall
register with the town as required by this division.
(b) It shall be unlawful for any person to conduct or sponsor any religious solicitations
campaign in any office building or any public property or private place, or by house-to-house
canvass, unless such person shall first have registered with the permitting department in
accordance with this division.
(c) It shall be an affirmative defense to prosecution under this section if a person conducting a
religious solicitation obtains a charitable solicitation permit in compliance with division 3 of this
article or a commercial solicitation permit in compliance with division 2 of this article.
(2006 Code, ch. 10, sec. 4.04(A). See end of this division for full history for this division.)
Sec. 4.03.102 Registration information; duration
(a) A religious solicitor required to register hereunder shall first register in person with the
permitting department and shall provide the following information:
(1) Name of the registrant and his permanent address;
(2) Name of the person the registrant represents and the telephone number and address of
its principal office;
(3) Duration and location of the proposed solicitation;
(4) Method or methods to be used in conducting the solicitations; and
(5) Approximate number of participants who will be engaging in religious solicitations
within the town.
(b) Registration expires after one year and must be renewed annually. If a change occurs in any
of the information submitted with the registration, the registrant or organization shall notify the
permitting department of the change as soon as possible.
(2006 Code, ch. 10, sec. 4.04(B). See end of this division for full history for this division.)
Sec. 4.03.103 Proof of registration
(a) Any person who engages in solicitations for a religious purpose, or has obtained a permit to
solicit in compliance with division 2 of this article (commercial solicitation) or division 3 of this
article (charitable solicitation) and who is soliciting for a religious purpose, by house-to-house
canvass, on public property or private property, or in any other public place open to the general
public, shall carry a copy of the registration as proof that the religious solicitations campaign for
which such person is soliciting has been properly registered with the town.
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(b) The proof of registration required by subsection (a) above shall:
(1) Be a card or other documentation issued by the permitting department to the person
sponsoring or otherwise conducting the religious solicitations campaign;
(2) Identify the name, address, date of birth, sex, hair and eye color of the person
sponsoring the religious solicitations campaign and registered with the permitting
department; and
(3) Contain the statement “Religious Solicitations” or “Religious Solicitor” and the
specific period of time during which the solicitor is authorized to solicit on behalf of
the registered person.
(c) No person shall engage in religious solicitations under this article without having in his
possession a registration card or other documentation evidencing that the religious solicitations
campaign has been registered with the town. The proof of registration shall be shown, upon
request, to all persons solicited and to any peace officer of the town.
(2006 Code, ch. 10, sec. 4.04(C); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 4.03.104 Prohibited methods of solicitation
The following methods of religious solicitation are and shall be prohibited within the town:
(1) Except as expressly provided herein, it shall be unlawful for any person to solicit in
the right-of-way or upon the paved portion or the median of any major thoroughfare
set forth in section 4.03.039(d).
(2) It shall be unlawful for any person to obstruct any public sidewalk within the town
when soliciting.
(3) It shall be unlawful for any person to solicit during prohibited hours as set forth in
this article.
(2006 Code, ch. 10, sec. 4.04(D). See end of this division for full history for this division.)
(Ordinance 86-12, sec. V, adopted 4/14/86; Ordinance 92-22, sec. V, adopted 12/15/92; 2006
Code, ch. 10, sec. 4.04; Ordinance 2008-21, sec. II, adopted 8/18/08)
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ARTICLE 4.04 SEXUALLY ORIENTED BUSINESSES*
Division 1. Generally
Sec. 4.04.001 Purpose and intent
It is the purpose of this article to regulate sexually oriented businesses to promote the health,
safety, and general welfare of the citizens of the town, and to establish reasonable and uniform
regulations to prevent the concentration of sexually oriented businesses within the town. The
provisions of this article have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually oriented materials. Similarly,
it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. (Ordinance 1998-07, sec. I, adopted
4/7/98; 2006 Code, ch. 5, sec. 2.01)
Sec. 4.04.002 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are maintained to show images to five (5)
or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of “specified sexual activities” or
“specified anatomical areas.”
Adult bookstore or adult video store. A commercial establishment which as one of its principal
business purposes openly advertises or displays or offers for sale or rental for any form of
consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, videocassettes or video reproductions, slides, or other visual representations,
which depict or describe “specified sexual activities” or “specified anatomical areas”;
or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with
“specified sexual activities.”
Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly
features:
(1) Persons who appear in a state of nudity or semi-nudity;
* State law references–Authority of municipality to regulate sexually oriented businesses, V.T.C.A., Local
Government Code, ch. 243; employment harmful to children, V.T.C.A., Penal Code, sec. 43.251; sexual
offenders as owners, operators, managers or employees of sexually oriented businesses, V.T.C.A., Business
and Commerce Code, ch. 102.
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(2) Live performances which are characterized by the exposure of “specified anatomical
areas” or by “specified sexual activities”; or
(3) Films, motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of “specified anatomical
areas” or by “specified sexual activities.”
Adult motel. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons
with closed-circuit television transmissions, films, motion pictures, videocassettes,
slides, or other photographic reproductions which are characterized by the depiction
or description of “specified sexual activities” or “specified anatomical areas”; and has
a sign visible from the public right-of-way which advertises the availability of this
type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of
time that is less than ten (10) hours.
Adult motion picture theater. A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly
shown which are characterized by the depiction or description of “specified sexual activities” or
“specified anatomical areas.”
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which
regularly features persons who appear in a state of nudity or semi-nudity or live performances
which are characterized by the exposure of “specified anatomical areas” or by “specified sexual
activities.”
Commission. The planning and zoning commission of the town.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for
another person, or who agrees or offers to privately model lingerie or privately perform a
striptease for another person.
Escort agency. A person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment. Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business,
to a sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented
business; or
(4) The relocation of any sexually oriented business.
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Licensee. A person in whose name a license to operate a sexually oriented business has been
issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio. Any place where a person who appears in a state of nudity or semi-nudity or
displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons who pay money or any other
form of consideration.
Nudity or a state of nudity. The appearance of a human bare buttock, anus, male genitals, female
genitals, or female breast.
Person. An individual, proprietorship, trust, partnership, corporation, association, or other legal
entity.
Principal business. An establishment having a twenty percent (20%) or greater interest of its
stock and trade in books, magazines and other periodicals which said books, magazines and other
periodicals are distinguished or characterized by their emphasis on matter depicting, describing or
relating to “specified sexual activities” or “specified anatomical areas,” or a twenty percent (20%)
or greater interest in other sexually related activities as defined by this article.
School. Any public or private nursery, preschool, day care center, learning center, or elementary
or secondary school.
Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, and
areola of the female breast, as well as portions of the body covered by supporting straps or
devices.
Sexual encounter center. A business or commercial enterprise that regularly offers for any form
of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite
sex; or
(2) Activities between male and female persons and/or persons of the same sex when one
or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or
sexual encounter center.
Specified anatomical areas. Human genitals in a state of sexual arousal.
Specified sexual activities. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus,
or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy;
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(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in
subsections (1) through (3) above.
Substantial enlargement of a sexually oriented business. The increase in floor area occupied by
the business by more than twenty percent (20%), as the floor area exists on the effective date of
this article.
Transfer of ownership or control of a sexually oriented business. Any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities or other ownership interest which constitute a direct,
indirect, legal, equitable or beneficial controlling interest in the business, whether by
sale, exchange, or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the
direct, indirect, legal, equitable or beneficial ownership or control of the business,
except for transfer by bequest or other operation of law upon the death of the person
possessing the ownership or control to a person meeting all the requirements of
section 4.04.032 of this article, who shall have notified the commission of the
transfer and furnished all of the information required to be submitted in an
application for a license, within sixty (60) days of the transfer.
(Ordinance 1998-07, sec. II, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.02; Ordinance adopting
Code)
Sec. 4.04.003 Classifications
Sexually oriented business is defined and classified as any commercial establishment operating in
the town, in whole or in part, as any one or more of the following:
(1) Adult arcade;
(2) Adult bookstore or adult store;
(3) Adult cabaret;
(4) Adult motel;
(5) Adult motion picture theater;
(6) Adult theater;
(7) Escort agency;
(8) Nude model studio; and/or
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(9) Sexual encounter center.
(Ordinance 1998-07, sec. III, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.03)
Sec. 4.04.004 Enforcement; penalties; defenses
(a) Except as provided by subsection (b), any violation of section 4.04.061 of this article, upon
conviction, is punishable by a fine not to exceed two thousand dollars ($2,000.00) for each
offense, and a separate offense shall be deemed committed upon each day during on or which a
violation occurs.
(b) If the sexually oriented business involved is a nude model studio or sexual encounter
center, then violation of section 4.04.031(a) or 4.04.061 of this article is punishable as a class B
misdemeanor.
(c) Except as provided by subsection (b), violation of any provision of this article other than
section 4.04.061, upon conviction, is punishable by a fine not to exceed five hundred dollars
($500.00) for each offense, and a separate offense shall be deemed committed upon each day
during or on which a violation occurs.
(1) By a proprietary school licensed by the state, or a college, junior college, or
university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs
in which credits are transferable to a college, junior college, or university supported
entirely or partly by taxation; or
(3) In a structure:
(A) Which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for viewing;
(B) Where in order to participate in a class a student must enroll at least three (3)
days in advance of the class; and
(C) Where no more than one (1) nude or semi-nude model is on the premises at any
one time.
(d) It is a defense to prosecution under section 4.04.031(a) or 4.04.061 of this article that each
item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole,
contains serious literary, artistic, political, or scientific value.
(Ordinance 1998-07, sec. XXI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.21)
Sec. 4.04.005 Injunctive relief
A person who operates or causes to be operated a sexually oriented business without a valid
license or in violation of section 4.04.061 of this article is subject to a suit for injunction as well
as prosecution for criminal violations. (Ordinance 1998-07, sec. XXII, adopted 4/7/98; 2006
Code, ch. 5, sec. 2.22)
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Sec. 4.04.006 Amendments
Sections 4.04.061 and 4.04.062 of this article may be amended only after compliance with the
procedure required to amend a zoning ordinance. Other sections of this article may be amended
by vote of the town council. (Ordinance 1998-07, sec. XXII, adopted 4/7/98; 2006 Code, ch. 5,
sec. 2.23)
Secs. 4.04.007–4.04.030 Reserved
Division 2. License
Sec. 4.04.031 Required; application
(a) License required. A person commits an offense if the person operates a sexually oriented
business without a valid license issued by the town for the particular type of business.
(b) Application information.
(1) An application for a license must be made on a form provided by the commission.
The application form shall be sworn to and shall include:
(A) The name and address of the applicant;
(B) State whether or not the applicant meets each of the requirements set forth in
section 4.04.032 of this article;
(C) The name and address of each person required to sign the application pursuant
to subsection (d) of this section, and the name, address and type of entity (if
applicable) of each person or entity owned or controlled by such person which
owns or controls an interest in the business to be licensed; and
(D) Such other matters, consistent with this article, as may be specified in the
application form.
(2) The application must be accompanied by a sketch or diagram showing the
configuration of the premises, including a statement of total floor space occupied by
the business. The sketch or diagram need not be professionally prepared but must be
drawn to a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six (6) inches. Applicants who must comply
with section 4.04.095 of this article shall submit a diagram meeting the requirements
of section 4.04.095.
(c) Requirements. The applicant must be qualified according to the provisions of this article
and the premises must be inspected and found to be in compliance with the law by the fire
department and building official.
(d) Signing of application. If a person who wishes to operate a sexually oriented business is an
individual, the person must sign an application for a license as applicant. If a person who wishes
to operate a sexually oriented business is other than an individual, each individual who directly or
indirectly, through one or more intermediaries, owns or controls a ten percent (10%) or greater
interest in the business must sign and submit, as an applicant, a separate application containing all
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applicable information required by subsection (b) of this section. Each applicant must be qualified
under section 4.04.032 and each applicant shall be considered a licensee if a license is granted.
(Ordinance 1998-07, sec. IV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.04)
Sec. 4.04.032 Issuance
(a) The commission shall approve the issuance of and shall issue a license to an applicant or
the transfer by an applicant of all or any part of the applicant’s ownership or control of a sexually
oriented business within thirty (30) days after receipt of an application unless the commission
finds one or more of the following to be true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant’s spouse is overdue in their payment to the town of
taxes, fees, fines, or penalties assessed against them or imposed upon them in relation
to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of
the license or has falsely answered a question or request for information on the
application form.
(4) An applicant or an applicant’s spouse has been convicted of a violation of a provision
of this article, other than the offense of operating a sexually oriented business without
a license, within two (2) years immediately preceding the application. The fact that a
conviction is being appealed shall have no effect.
(5) An applicant is residing with a person who has been denied a license by the town to
operate a sexually oriented business within the preceding twelve (12) months, or
residing with a person whose license to operate a sexually oriented business has been
revoked within the preceding twelve (12) months.
(6) The premises to be used for the sexually oriented business are not in compliance with
applicable zoning laws or have not been approved by the fire department and the
building official as being in compliance with applicable laws and codes.
(7) The license fee required by this article has not been paid.
(8) An applicant or the proposed establishment is in violation of or is not in compliance
with section 4.04.034, 4.04.061, 4.04.091, 4.04.092, 4.04.093, 4.04.094, or 4.04.096
of this article.
(9) An applicant or an applicant’s spouse has been convicted of a crime:
(A) Involving:
(i) Any of the following offenses as described in chapter 43 of the Texas
Penal Code:
a. Prostitution;
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b. Promotion of prostitution;
c. Aggravated promotion of prostitution;
d. Compelling prostitution;
e. Obscenity;
f. Sale, distribution, or display of harmful material to minor;
g. Sexual performance by a child;
h. Possession of child pornography;
(ii) Any of the following offenses as described in chapter 21 of the Texas
Penal Code:
a. Public lewdness;
b. Indecent exposure;
c. Indecency with a child;
(iii) Sexual assault or aggravated sexual assault as described in chapter 22 of
the Texas Penal Code;
(iv) Incest, solicitation of a child, or harboring a runaway child as described
in chapter 25 of the Texas Penal Code;
(v) Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses;
(B) For which:
(i) Less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is of a misdemeanor offense;
(ii) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the
later date, if the conviction is of a felony offense; or
(iii) Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever
is the later date, if the convictions are of two (2) or more misdemeanor
offenses or a combination of misdemeanor offenses occurring within any
twenty-four (24) month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of
the applicant or applicant’s spouse.
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(c) The license, if granted, shall state on its face the name of the person or persons to whom it
is granted, the expiration date, and the address of the sexually oriented business. The license shall
be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it
may be easily read at any time.
(Ordinance 1998-07, sec. V, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.05)
Sec. 4.04.033 Fee
The annual fee for a sexually oriented business license is in the amount established by the fee
schedule in appendix A to this code. (Ordinance 1998-07, sec. VI, adopted 4/7/98; 2006 Code, ch.
5, sec. 2.06; Ordinance adopting Code)
Sec. 4.04.034 Inspections
(a) At any time it is occupied or open for business, an applicant or licensee shall permit
representatives of the police department, fire department, and building inspection division to
inspect the premises of a sexually oriented business for the purpose of insuring compliance with
the law.
(b) A person who operates a sexually oriented business, or whose agent or employee operates
the same, commits an offense if the person or person’s agent or employee refuses to permit a
lawful inspection of the premises by a representative of the above-described departments at any
time it is occupied or open for business.
(Ordinance 1998-07, sec. VII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.07)
Sec. 4.04.035 Expiration
(a) Each license shall expire one (1) year from the date of issuance and may be renewed only
by making application as provided in section 4.04.031 of this article. Application for renewal
should be made at least thirty (30) days before the expiration date, and, when made less than
thirty (30) days before the expiration date, the expiration of the license will not be affected.
(b) When the commission denies renewal of a license, the applicant shall not be issued a
license for one (1) year from the date of denial. If, subsequent to denial, the commission finds that
the basis for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date denial became final.
(Ordinance 1998-07, sec. VIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.08)
Sec. 4.04.036 Suspension
The commission shall suspend a license for a period not to exceed thirty (30) days if the
commission determines that a licensee or an agent or employee of a licensee has:
(1) Violated or is not in compliance with section 4.04.034, 4.04.039, 4.04.061, 4.04.091,
4.04.092, 4.04.093, 4.04.094, 4.04.095, or 4.04.096 of this article;
(2) Engaged in the use of alcoholic beverages while on the sexually oriented business
premises (unless such use is otherwise permitted by law);
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(3) Refused to allow an inspection of the sexually oriented business premises as
authorized by this article;
(4) Knowingly permitted gambling by any person on the sexually oriented business
premises;
(5) Demonstrated inability to operate or manage a sexually oriented business in a
peaceful and law-abiding manner thus necessitating action by law enforcement
officers.
(Ordinance 1998-07, sec. IX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.09)
Sec. 4.04.037 Revocation
(a) The commission shall revoke a license if a cause of suspension in section 4.04.036 of this
article occurs and the license has been suspended within the preceding twelve (12) months.
(b) The commission shall revoke a license if the commission determines that:
(1) A licensee gave false or misleading information in the material submitted to the
commission during the application process;
(2) A licensee or an agent or employee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
(3) A licensee or an agent or employee has knowingly allowed prostitution on the
premises;
(4) A licensee or an agent or employee knowingly operated the sexually oriented
business during a period of time when the licensee’s license was suspended;
(5) A licensee has been convicted of an offense listed in section 4.04.032(a)(9)(A) hereof
for which the time period required in section 4.04.032(a)(9)(B) hereof has not
elapsed;
(6) On two (2) or more occasions within a twelve (12) month period, a person or persons
committed an offense occurring in or on the licensed premises of a crime listed in
section 4.04.032(a)(9)(A) hereof, for which a conviction has been obtained, and the
person or persons were agents or employees of the sexually oriented business at the
time the offenses were committed;
(7) A licensee or an agent or employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or
on the licensed premises. The term “sexual contact” shall have the same meaning as
it is defined in section 21.01 of the Texas Penal Code; or
(8) A licensee is delinquent in payment to the town for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the sexually oriented business.
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(c) The fact that a conviction is being appealed shall have no effect on the revocation of the
license.
(d) Subsection (b)(7) hereof does not apply to adult motels as a ground for revoking the license
unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral
copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) When the commission revokes a license, the revocation shall continue for one (1) year and
the licensee shall not be issued a sexually oriented business license for one (1) year from the date
revocation became effective. If, subsequent to revocation, the commission finds that the basis for
the revocation has been corrected or abated, the applicant may be granted a license if at least
ninety (90) days have elapsed since the date the revocation became effective. If the license was
revoked under subsection (b)(5) of this section, an applicant may not be granted another license
until the appropriate number of years required under section 4.04.032(a)(9)(B) hereof has elapsed
since the termination of any sentence, parole, or probation.
(Ordinance 1998-07, sec. X, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.10)
Sec. 4.04.038 Appeals
If the commission denies the issuance of a license, or suspends or revokes a license, the
commission shall send to the applicant or licensee, by certified mail, return receipt requested,
written notice of the action and the right to an appeal. The aggrieved party may appeal the
decision of the commission to the town council. The filing of an appeal stays the action of the
commission in suspending or revoking a license until the town council makes a final decision. If
within a ten (10) day period the commission suspends, revokes or denies issuance of any license
for any other sexually oriented business at the same location, then the commission may
consolidate the request for appeals of those actions into one (1) appeal. (Ordinance 1998-07, sec.
XI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.11)
Sec. 4.04.039 Transfer
A licensee, including any applicant for a license, shall not transfer his/her license or all or any
part of his/her ownership or control of a sexually oriented business to another, nor shall a licensee
operate a sexually oriented business under the authority of a license at any place other than the
address designated in the application. (Ordinance 1998-07, sec. XII, adopted 4/7/98; 2006 Code,
ch. 5, sec. 2.12)
Secs. 4.04.040–4.04.060 Reserved
Division 3. Location
Sec. 4.04.061 Restrictions
(a) A person commits an offense if the person operates or causes to be operated a sexually
oriented business within one thousand feet (1,000') of:
(1) A church;
(2) A school;
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(3) A boundary of a residential district or a NS Neighborhood Service district as defined
by the comprehensive zoning ordinance of the town;
(4) A public park;
(5) The property line of a lot devoted to residential use; or
(6) Any county, state or federally owned or controlled land used for public recreation.
(b) A person commits an offense if said person causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a sexually oriented business
located within one thousand feet (1,000') of another sexually oriented business.
(c) A person commits an offense if said person causes or permits the operation, establishment,
or maintenance of more than one sexually oriented business in the same building, structure, or
portion thereof, or the increase of floor area of any sexually oriented business in any building,
structure, or portion thereof containing another sexually oriented business.
(d) For the purposes of subsection (a) of this section, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the nearest portion of the building
or structure used as a part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a church or school, or to the nearest boundary of an
affected public park, residential district, or residential lot.
(e) For purposes of subsection (b) of this section, the distance between any two (2) sexually
oriented businesses shall be measured in a straight line, without regard to intervening structures
or objects, from the closest exterior wall of the structure in which each business is located.
(f) Any sexually oriented business lawfully operating on the effective date of this article that is
in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue for a period not to exceed six (6) months, unless
sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or
more. Such nonconforming use shall not be increased, enlarged, extended or altered except that
the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are
within one thousand feet (1,000') of one another and otherwise in a permissible location, the
sexually oriented business which was first established and continually operating at a particular
location is the conforming use and the later-established business(es) is nonconforming.
(g) A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
business license, of a church, school, public park, residential district, or residential lot within one
thousand feet (1000') of the sexually oriented business. This provision applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a license
has expired or has been revoked.
(Ordinance 1998-07, sec. XIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.13)
Sec. 4.04.062 Exemption from location restrictions
(a) If the commission denies the issuance of a license to an applicant because the location of
the sexually oriented business establishment is in violation of section 4.04.061 of this article, then
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the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file
with the town secretary a written request for an exemption from the locational restrictions of
section 4.04.061.
(b) If the written request is filed with the town secretary within the ten (10) day limit, then the
town council shall consider the request. The town secretary shall set a date for the hearing within
sixty (60) days from the date the written request is received.
(c) A hearing by the town council may proceed if a quorum is present. The town council shall
hear and consider evidence offered by any interested person. The formal rules of evidence do not
apply.
(d) The town council may, in its discretion, grant an exemption from the locational restrictions
of section 4.04.061 of this article if it makes the following findings:
(1) That the location of the proposed sexually oriented business will not have a
detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) That the granting of the exemption will not violate the spirit and intent of this article;
(3) That the location of the proposed sexually oriented business will not downgrade the
property values or quality of life in the adjacent areas or encourage the development
of urban blight;
(4) That the location of an additional sexually oriented business in the area will not be
contrary to any program of neighborhood conservation nor will it interfere with any
efforts of urban renewal or restoration; and
(5) That all other applicable provisions of this article will be observed.
(e) The town council shall grant or deny the exemption by a majority vote. Failure to reach a
majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis
of a preponderance of the evidence. The decision of the permit and license appeal by the town
council is final.
(f) If the town council grants the exemption, the exemption is valid for one (1) year from the
date of the town council’s action. Upon the expiration of an exemption, the sexually oriented
business is in violation of the locational restrictions of section 4.04.061 until the applicant applies
for and receives another exemption.
(g) If the town council denies the exemption, the applicant may not reapply for an exemption
until at least twelve (12) months have elapsed since the date of the town council’s action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this
article other than the locational restrictions of section 4.04.061.
(Ordinance 1998-07, sec. XIV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.14)
Secs. 4.04.063–4.04.090 Reserved
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Division 4. Operational Regulations
Sec. 4.04.091 Additional regulations for nude escort agencies
(a) An escort agency shall not employ any person under the age of eighteen (18) years.
(b) A person commits an offense if said person acts as an escort or agrees to act as an escort for
any person under the age of eighteen (18) years.
(Ordinance 1998-07, sec. XV, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.15)
Sec. 4.04.092 Additional regulations for nude model studios
(a) A nude model studio shall not employ any person under the age of eighteen (18) years.
(b) A person under the age of eighteen (18) years commits an offense if said person appears in
a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under
this subsection if the person under the age of eighteen (18) years was in a restroom not open to
public view or persons of the opposite sex.
(c) A person commits an offense if said person appears in a state of nudity or knowingly
allows another person to appear in a state of nudity in an area of a nude model studio premises
which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the
premises, except that a sofa may be placed in a reception room open to the public.
(Ordinance 1998-07, sec. XVI, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.16)
Sec. 4.04.093 Additional regulations for adult theaters and adult motion picture theaters
(a) A person commits an offense if said person knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity or semi-nudity in or on the premises of an adult
theater or adult motion picture theater.
(b) A person under the age of eighteen (18) years commits an offense if said person knowingly
appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult
motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) of this section if the person
under eighteen (18) years was in a restroom not open to public view or persons of the opposite
sex.
(Ordinance 1998-07, sec. XVII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.17)
Sec. 4.04.094 Additional regulations for adult models
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has
been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours
creates a rebuttable presumption that the establishment is an adult motel as that term is defined in
this article.
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(b) A person commits an offense if, as the person in control of a sleeping room in a hotel,
motel, or similar commercial establishment that does not have a sexually oriented business
license, said person rents or subrents a sleeping room to a person and, within ten (10) hours from
the time the room is rented, said person rents or subrents the same sleeping room again.
(c) For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of
permitting a room to be occupied for any form of consideration.
(Ordinance 1998-07, sec. XVIII, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.18)
Sec. 4.04.095 Exhibition of sexually explicit films or videos
(a) A person who operates or causes to be operated a sexually oriented business, other than an
adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty
(150) square feet of floor space, a film, videocassette, or other video reproduction which depicts
specified sexual activities or specific anatomical areas, shall comply with the following
requirements:
(1) Upon application for a sexually oriented business license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the
location of one (1) or more manager’s stations, the location of all overhead lighting
fixtures and switches, which lights are controlled by which switches, and designating
any portion of the premises in which patrons will not be permitted. Only agents or
employees shall have access to light switches. A manager’s station may not exceed
thirty-two (32) square feet of floor area. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s blueprint shall not be required;
however, each diagram should be oriented to the north or to some designated street or
object and should be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches (6"). The commission may waive
the foregoing diagram for renewal applications if the applicant adopts a diagram that
was previously submitted and certifies that the configuration of the premises has not
been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made
without the prior approval of the commission.
(4) It is the duty of the owners and operator of the premises to ensure that at least one (1)
agent or employee is on duty and situated in each manager’s station at all times that
any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager’s station of every area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. Restrooms may
not contain video reproduction equipment. If the premises have two (2) or more
manager’s stations designated, then the interior of the premises shall be configured in
such a manner that there is an unobstructed view of each area of the premises to
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which any patron is permitted access for any purpose from at least one (1) of the
manager’s stations. The view required in this subsection must be by direct line of
sight from the manager’s station.
(6) It shall be the duty of the owners and operators, and it shall also be the duty of any
agents and employees present in the premises, to ensure that:
(A) The view area specified in subsection (a)(5) remains unobstructed by any
doors, walls, merchandise, display racks or other materials at all times that any
patron is present in the premises; and
(B) No patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application
filed pursuant to subsection (a)(1) of this section.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at an illumination of
not less than one (1.0) footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operators, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the illumination
described above is maintained at all times when any patron is present in the premises.
(b) A person having a duty under subsections (a)(1) through (8) above commits an offense if
said person knowingly fails to fulfill that duty.
(Ordinance 1998-07, sec. XIX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.19)
Sec. 4.04.096 Display of sexually explicit material to minors
(a) A person commits an offense if, in a business establishment open to persons under the age
of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or
videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the
following:
(1) Human sexual intercourse, masturbation, or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, or
female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks, or that portion
of the female breast below the top of the areola; or
(4) Human male genitals in a discernible turgid state, whether covered or uncovered.
(b) In this section, “display” means to locate an item in such a manner that, without obtaining
assistance from an agent or employee of the business establishment:
(1) It is available to the general public for handling and inspection; or
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(2) The cover, outside packaging, or contents of the item are visible to members of the
general public.
(Ordinance 1998-07, sec. XX, adopted 4/7/98; 2006 Code, ch. 5, sec. 2.20)
ARTICLE 4.05 GRAVEL PITS AND MINING OPERATIONS*
Sec. 4.05.001 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating any provision of this article shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine in an amount not to exceed two hundred dollars
($200.00), and a separate offense shall be deemed committed upon each day during or on which a
violation occurs or continues. (Ordinance 1985-25, sec. II, adopted 10/14/85; 2006 Code, ch. 5,
sec. 3.03)
Sec. 4.05.002 Zoning regulations; permit
Gravel pits and mining operations existing on the effective date of this article are hereby
classified as a business and may continue to operate only upon receipt of a business zoning
classification that includes and encompasses as a principal uses gravel pits and mining operations.
Prior to the passage of a comprehensive zoning ordinance, no owner or operator shall operate a
gravel pit or mining operation, including any drilling for minerals, without either a special zoning
permit or a special limited time permit issued by the town council. The town council shall
establish reasonable and appropriate zoning and permit fees. (Ordinance 1985-25, sec. I, adopted
10/14/85; 2006 Code, ch. 5, sec. 3.01)
Sec. 4.05.003 Reclamation and restoration of land
All open gravel pits and mining operations left by excavation of gravel or other minerals shall be
filled and the land reclaimed within ninety (90) days after the excavations have ceased. The
reclamation shall restore the land, generally, to the condition and topography it had prior to the
excavation. (Ordinance 1985-25, sec. II, adopted 10/14/85; 2006 Code, ch. 5, sec. 3.02)
ARTICLE 4.06 FOOD ESTABLISHMENTS†
Division 1. Generally
Sec. 4.06.001 Adoption of state rules
The town adopts by reference the provisions of the current rules or rules as amended by the
department of state health services, food establishments group, Texas Food Establishment Rules,
* State law references–Subsurface excavations, V.T.C.A., Water Code, sec. 31.001 et seq.; municipal
regulation of exploration and development of mineral interests, V.T.C.A., Natural Resources Code, sec.
92.007.
† State law references–Regulation of food products, generally, V.T.C.A., Health and Safety Code, chs.
433–438; regulation of food service establishments, retail food stores, mobile food units, and roadside food
vendors, V.T.C.A., Health and Safety Code, sec. 437.001 et seq.
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25 Texas Administrative Code sections 229.161–229.171 and 229.173–229.175, as amended. A
certified copy of the rules shall be filed and maintained in the office of the town secretary, and the
same are hereby adopted and incorporated herein as if the same were copied in their entirety, and
the provisions thereof shall be controlling within the town. (Ordinance 2006-01, sec. II, adopted
1/9/06; 2006 Code, ch. 6, sec. 2.01)
Sec. 4.06.002 Definitions
The following words and terms, when used in this article, shall have the following meanings,
unless the context clearly indicates otherwise:
Commissary. A catering establishment, restaurant or any other place in which food, food
containers, or food supplies are kept, handled, prepared, packaged or stored. Commissary shall
not mean a residential kitchen, but constitutes a commercial food service operation that is
operated and maintained pursuant to state rules and regulations.
Critical violations. Critical items as defined on the food service establishment inspection report
distributed by the department of state health services with a demerit weight of four (4) or five (5)
and requiring immediate attention.
Director of community development or director. The director of community development of the
town or the director’s designated official.
Extensive remodeling. When 20% or greater area of a food establishment is being remodeled,
which necessities a permit being obtained prior to performing any remodeling.
Follow-up inspection. Any inspection, other than a routine inspection or full follow-up
reinspection, conducted of a permitted food establishment, after notice has been given to the
establishment to correct a violation, to document that the violation has been corrected.
Food. Raw, cooked or processed edible substance, ice, beverage or ingredient used or intended
for use or for sale in whole or in part for human consumption.
Food-borne illness. Diseases, usually either infectious or toxic in nature, caused by agents that
enter the body through the ingestion of food.
Food establishment. A restaurant, cafe, hotel dining room, grocery store, meat market, soft drink
stand, hamburger stand, ice cream wagon, day care center, or any place where food or drink for
human consumption is offered for sale, given in exchange or given away. It includes temporary
food establishments and mobile units. The term does not include the following operations and
establishments, provided that the operations do not expose the public to a substantial and
imminent health hazard as determined by the town health officer:
(1) An organization that serves only its own membership and immediate guests or other
structured groups of persons who gather occasionally for fellowship and society that
provides the food from amongst their membership;
(2) An establishment which handles only fresh unprocessed fruits, nuts and vegetables
and which operates from a unit that is mobile in nature; and
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(3) The sale, distribution or service of food at an event, party or other special gathering
that is not open to persons other than the members or invited guests of the sponsor,
provided that there is no public advertisement of the event, public solicitation of
funds at or for the event, or participation by the general public in the event.
Food establishment permit or permit. The permit issued to a food establishment to operate within
the town.
Food protection manager. A person who has shown proficiency of required information through
passing a test that is part of a food protection management program accredited by the department
of state health services, according to 25 TAC section 229.172, and has responded correctly to
questions as they relate to specific food operations.
Full follow-up reinspection. A complete inspection of a permitted food establishment which is
required to be conducted within seventy-two (72) hours of a full routine inspection which resulted
in a rating where the cumulative demerit value of the establishment exceeded 30 demerits, to
ensure that all noted violations have been corrected.
Law. Federal, state and local statutes, ordinances and regulations.
Mobile unit. A vehicle-mounted food establishment or a food establishment pulled behind a
vehicle so as to be readily moveable.
Nonprofit organization. A civic or fraternal organization, charity, lodge, association,
proprietorship, or corporation possessing an Internal Revenue Code section 501(c)(3) exemption,
or religious organizations meeting the definition of “church” under Internal Revenue Code
section 170b.1.a.(I).
Packaged. Bottled, canned, cartoned or securely wrapped.
Person. Any individual, partnership, corporation, association or other legal entity.
Person in charge. The person present in a food establishment who is the apparent supervisor of
the food establishment at the time of inspection. If no person is the apparent supervisor, then any
employee present is the person in charge.
Potentially hazardous food. Food that is natural or synthetic and that requires temperature control
because it is in a form capable of supporting the rapid and progressive growth of infectious or
toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or, in raw
shell eggs, the growth of Salmonella enteritidis.
Regulatory authority. The state and/or the town.
Routine inspection. An unannounced inspection conducted of a permitted food establishment to
determine the compliance of the establishment with the provisions of this article.
Rules. The department of health state health services, food establishment group, Texas Food
Establishment Rules, 25 Texas Administrative Code sections 229.161–229.171 and 229.173–
229.175, as amended.
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Snow cone. A snow cone and/or a snow cone type product defined as crushed or shaved ice
served in a single-use container and topped with flavored syrups.
Supervisory personnel. The certificate holder, individual having supervisory or management
duties and any other person working in a food establishment who may be in charge of its
operation.
Temporary food establishment. A food establishment that operates at a fixed location for a period
of time of not more than fourteen (14) consecutive days in conjunction with a single event or
celebration.
Town health officer. The person(s) employed by or with whom the town has a contract to provide
inspection and other services necessary for the administration and enforcement of the rules and
codes regulating food establishments and the service and sale of food within the town.
(Ordinance 2002-24, secs. II, III, adopted 6/3/02; Ordinance 2006-01, sec. III, adopted 1/9/06;
2006 Code, ch. 6, sec. 2.02)
Sec. 4.06.003 Penalty; injunctive relief
(a) Any person violating any of the provisions of this article shall be deemed guilty of a class C
misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum
not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
(b) If the governing body of the town determines that a violation of this article creates a threat
to the public safety, the town may bring suit in the district court to enjoin such violation as
allowed by law.
(Ordinance 2006-01, sec. XVIII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.14)
Sec. 4.06.004 Enforcement
The director of community development is responsible for the enforcement of the rules and the
provisions of this article. (Ordinance 2006-01, sec. IV, adopted 1/9/06; 2006 Code, ch. 6, sec.
2.03)
Sec. 4.06.005 Inspections
(a) Frequency. An inspection of a food establishment shall be performed at least once every six
(6) months. Additional inspections of the food establishment shall be performed as often as
necessary for the enforcement of the rules, this article and other applicable law.
(b) Fee. An inspection fee shall be charged in accordance with the fee schedule in appendix A
of this code.
(c) Right of entry. As a condition of the food establishment permit, an employee or agent of
the town, after presenting proper identification, shall be permitted to enter any permitted food
establishment at any reasonable time, for the purpose of making inspections to determine
compliance with the provisions of this article. The agent shall be permitted to examine the records
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of the establishment to obtain information pertaining to food and supplies purchased, received, or
used, or to persons employed.
(d) Findings. Whenever an inspection of a food establishment or commissary is made, the town
health officer shall record the findings on an inspection report form. The inspection report form
shall summarize the requirements of the rules and of this article and shall set forth a weighted
point value for each requirement. Inspectional remarks shall be written to reference, by section
number, the section violated and shall state the correction to be made. The rating score of the
establishment shall be the total of the weighted point values for all violations, subtracted from one
hundred (100). A full follow-up inspection shall be conducted if the inspection of the
establishment results in at least thirty (30) demerits.
(e) Report. A copy of the inspection report form shall be furnished to the person in charge of
the food establishment at the conclusion of the inspection. The completed inspection report form
is public information that shall be made available for public disclosure to any person who
requests it in accordance with applicable law.
(f) Reinspection fee.
(1) Follow-up inspection. If a follow-up inspection of a food establishment is required by
the town to verify correction of a violation, a reinspection fee as specified in the fee
schedule in appendix A of this code shall be paid to the town. This fee shall be
submitted to the town within seventy-two (72) hours of the reinspection.
(2) Multiple violations. If a routine inspection of a food establishment reveals serious,
multiple violations in food safety or overall level of sanitation as identified in the
inspection report, a full follow-up reinspection will be conducted of the establishment
to verify correction of the existing condition. In this instance, a fee of 50% of the
food establishment’s annual permit fee shall be submitted to the town along with a
signed letter stating that each identified violation is corrected, and the method of
correction, prior to the scheduled date of reinspection.
(g) Failure to pay fees. Failure to pay the required reinspection fee(s) or to timely remedy all
violations shall result in the immediate suspension of the establishment’s permit, and the
establishment shall be ordered to cease operation immediately. The food establishment shall
remain closed until the violation(s) are corrected, all required fees are paid, and a reinspection is
conducted to verify that the violations are corrected.
(h) Correction of violations.
(1) Correction periods. The inspection report form shall specify a reasonable period of
time for the correction of the violations found, and correction of the violations shall
be accomplished within the period specified in accordance with the following
provisions:
(A) If an imminent health hazard exists such as complete lack of refrigeration or
sewage backup into the food establishment, the establishment shall
immediately cease food service operations. Operations shall not be resumed
until all violations are corrected and operations are authorized by the town.
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(B) All violations of four (4) or five (5) point weighted items shall be corrected as
soon as possible, but in any event, within ten (10) days following inspection,
the holder of the permit, license, or certificate shall submit a written report to
the regulatory authority stating that four (4) or five (5) point violations have
been corrected. A follow-up inspection shall be conducted to confirm
correction.
(C) All one (1) or two (2) point weighted items shall be corrected as soon as
possible, but in any event by the time of the next routine inspection, but not
later than ninety (90) calendar days after the initial inspection.
(D) When the rating score of the establishment is less than sixty (60), the
establishment shall initiate corrective action on all identified violations within
forty-eight (48) hours. One or more reinspections will be conducted at
reasonable time intervals to assure correction.
(2) Notice. The inspection report shall state that failure to comply with any time limits
specified for corrections may result in suspension or the cessation of food service
operations. An opportunity for appeal from the inspection findings and time
limitations will be provided if a written request for a hearing is filed with the director
within ten (10) days following suspension. If a request for a hearing is received, the
director shall hold a hearing within twenty (20) days of receipt of the request.
(3) Closure of establishment. Whenever a food establishment is required under the
provisions of this section to cease operations, it shall not resume operations until such
time as a reinspection determines that conditions responsible for the requirement to
cease operations no longer exist. Opportunity for reinspection shall be offered within
a reasonable time given the applicable deadlines for correcting violations.
(Ordinance 2002-24, sec. X, adopted 6/3/02; Ordinance 2006-01, sec. IX, adopted 1/9/06; 2006
Code, ch. 6, sec. 2.08)
Sec. 4.06.006 Examination and condemnation of food; procedure when disease is
suspected
(a) Hold order. The director may examine or sample food as often as necessary for
enforcement of the rules, this article and any other applicable law. The director may, upon written
notice to the owner or person in charge specifying with particularity the reasons therefor, place a
hold order on any food which it believes is in violation of any provision of the rules, this article
and any other applicable law. The director or other regulatory authority shall tag, label, or
otherwise identify any food subject to the hold order. No food subject to a hold order shall be
used, served, or moved from the establishment. The director shall permit storage of the food
under conditions specified in the hold order, unless storage is not possible without risk to the
public health, in which case immediate destruction shall be ordered and accomplished.
(b) Hearing. The hold order shall state that a request for hearing may be filed within ten (10)
days, and that if no hearing is requested the food shall be destroyed. The municipal court judge
shall hold an administrative hearing if so requested, and, on the basis of evidence produced at that
hearing, the hold order may be vacated, or the owner of person in charge of the food may be
directed by written order to denature or destroy such food or to bring it into compliance with the
provisions of this article.
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(c) Procedure when disease is suspected. When the director has reasonable cause to suspect the
possibility of disease transmission from any food establishment employee, he may secure
morbidity history of the suspected employee or make any other investigation as may be indicated
and shall take appropriate action. In this instance, the director may require any or all of the
following measures:
(1) The immediate exclusion of the employee from all food establishments;
(2) The immediate closing of the food establishment concerned until, in the opinion of
the director, no further danger of disease outbreak exists;
(3) Restriction of the employee’s services to some area of the establishment where there
would be no danger of transmitting the disease; and/or
(4) Adequate medical and laboratory examination of the employee, of other employees
and of his/her and their body discharges, at the food establishment’s expense.
(Ordinance 2006-01, sec. X, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.09)
Sec. 4.06.007 Submission and review of plans
(a) Required. A person commits an offense if the person:
(1) Constructs a food establishment without submitting plans and specifications for such
construction, remodeling, or conversion to the director for review and approval
before construction begins;
(2) Extensively remodels a food establishment without submitting plans and
specifications for such remodeling to the director for review and approval before
remodeling; or
(3) Converts an existing structure to a food establishment without submitting properly
prepared plans and specifications for the conversion to the director for review and
approval before conversion begins.
(b) Contents. The plans and specifications shall indicate the proposed layout of the facility,
arrangement of all intended equipment, mechanical plans, types of construction materials and
finish schedules for all areas, and the type and model of all proposed equipment to be installed.
The director shall review and approve the plans and specifications to determine if they meet the
requirements of this article.
(c) Compliance with codes. No food establishment shall be constructed, extensively remodeled
or converted except in accordance with plans and specifications approved by the director. Food
facility owners/operators, as well as all general contractors and subcontractors, shall ensure
during plan review, construction, and operation that their facilities comply with all applicable
town plumbing, mechanical, electrical, building, zoning, and fire prevention and protection codes.
(d) Issuance of building permit. A building permit to begin construction shall not be issued
until the town has reviewed and approved the plans and specifications for the proposed
construction.
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(e) Approved materials. Only commercial-quality equipment, utensils, and materials that meet
or exceed current accepted National Sanitation Foundation (NSF) standards, or their equivalent,
will be approved for installation and use.
(f) Inspections. The director shall conduct one or more inspections of the food establishment
prior to the start of operations to determine compliance with the approved plans and
specifications, the requirements of this section, this article and any other applicable law.
(g) Closure of establishment. If, upon inspection at any time, the food establishment facility is
found to not be constructed in accordance with approved plans, and/or any fixed equipment has
been added or removed without prior approval by the town, the director shall order the
establishment to cease operation immediately, and to replace or remove the equipment in
question, before resuming operation.
(h) Fee. A fee for plan review shall be assessed in accordance with the fee schedule set forth in
the town’s schedule of fees.
(Ordinance 2006-01, sec. XI, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.10)
Sec. 4.06.008 Food protection manager
(a) Required. A person commits an offense if the person owns, manages or operates a food
establishment and fails to employ at least one “person in charge” who is on-site during all hours
of operation of that food establishment who is responsible for food preparation, presentation,
sales, and service and who has a valid food protection manager registration issued by the state.
(b) Additional managers.
(1) The town may require additional certified food protection managers in sufficient
number to insure that all areas of food preparation, presentation, sales and service
during times of operation are under the direction of certified supervisory personnel.
(2) A person commits an offense if the person owns, manages or operates a food
establishment and permits said establishment to be operated with less than the
required number of certified food protection managers.
(c) Replacement. A person commits an offense if the person owns, manages or operates a food
establishment and fails to:
(1) Provide the town written notice within seven (7) days of the effective date of
termination or permanent transfer of the certified food protection manager;
(2) Employ another registered food protection manager within thirty (30) days of the
effective date of termination or permanent transfer of the previous certified food
protection manager.
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(d) Additional training. The director may require a registered food protection manager to
successfully complete additional training when:
(1) The employing food establishment has repeated or persistent violations of health
code requirements and effective corrective action has not been instituted over a
period of time as instructed by the director; or
(2) The employing food establishment has been implicated by the regulatory authority as
the source of a food-borne illness.
(e) Evidence of certification.
(1) During those times a food protection manager is on duty at a food establishment, the
food protection manager must possess evidence of current valid certification.
(2) The food protection manager’s certificate shall be prominently posted in the
permitted establishment.
(3) A food protection manager certificate is not transferable.
(f) Responsibilities. A food protection manager shall be responsible for adequate instruction of
the employees of the food establishment for which the food protection manager works to ensure
and maintain safe food handling practices within the establishment.
(g) Exemptions.
(1) The director may waive the requirements of this section for:
(A) Food establishments that serve, sell, or distribute only prepackaged foods
and/or open foods that are not potentially hazardous; and/or
(B) Temporary food establishments, special facilities and/or events.
(2) The director may require the manager of a food establishment exempted under
subsection (1) to comply with the food protection manager’s certification
requirements if critical food safety violations are observed or, in the judgment of the
director, the nature of the operation requires such certification.
(Ordinance 2006-01, sec. XII, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.11)
State law references–Certification of food managers, V.T.C.A., Health and Safety Code, sec. 438.101 et
seq.; authority to require employment of certified food managers in certain establishments, V.T.C.A.,
Health and Safety Code, sec. 437.0076.
Sec. 4.06.009 Mobile units
(a) Permit required.
(1) All mobile units originating from or serving food within the town must have a food
establishment permit, which must be kept in the vehicle at all times. The permit must
bear the name of the registered owner of the truck and truck license plate number.
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(2) The permit is subject to revocation pursuant to section 4.06.044. If a permit is
revoked, the permit holder has the right to appeal in accordance with the provisions
of section 4.06.044 and other applicable provisions of this article.
(b) Operational requirements. The permit holder for a mobile unit shall:
(1) Protect food from contamination and keep the truck clean and free of rust and
corrosion;
(2) Identify the trucks using the same name that is on the permit;
(3) Serve all condiments and spices, such as salt, pepper, sugar, catsup, mustard,
mayonnaise, sauces, non-dairy creamer, etc., in single-serving containers. No bulk
dispensers, bottles or cans shall be permitted;
(4) Use all single-service tableware individually wrapped in plastic;
(5) Dispose of sewage, wastewater and solid waste according to law;
(6) Ensure that the wastewater tank outlet is lower than the inlet to the potable water
supply; and
(7) Provide the director a route plan upon request.
(c) Violations. A person commits an offense if the person violates the provisions of this article,
or interferes with the director in the exercise of his or her duties under this section.
Notwithstanding any provisions contained herein to the contrary, the director is hereby granted
the authority to issue immediate citations to persons violating any provision of this article in the
director’s presence.
(d) Responsible person. If the owner, manager, person in charge at the time of inspection, or
other responsible party of a permitted food establishment is found to have violated any provisions
of this section, a citation may be issued.
(Ordinance 2006-01, sec. XIV, adopted 1/9/06; 2006 Code, ch. 6, sec. 2.13)
Secs. 4.06.010–4.06.040 Reserved
Division 2. Permit*
Sec. 4.06.041 Required; transfer; exemptions
(a) No person shall operate a food service establishment who does not have a valid permit
issued to him by the regulatory authority. Only a person who complies with the requirements of
these rules shall be entitled to receive or retain a permit. A valid permit shall be posted and
visible to the public in every food service establishment. Permits are not transferable from one
person to another or from one location to another except as otherwise permitted by this article.
* State law reference–Authority to require permit for food service establishment, etc., V.T.C.A., Health
and Safety Code, sec. 437.004.
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(b) A food establishment operated solely by a nonprofit or public organization is exempt from
the permitting requirements of this article, but is not exempt from compliance with state rules or
inspections. The town may require any information necessary to determine whether an
organization is nonprofit or public for purpose of this exemption. Additionally, the requirements
of this article shall not apply to lemonade stands and similar operations run by children.
(Ordinance 2002-24, sec. IV, adopted 6/3/02; Ordinance 2006-01, sec. V, adopted 1/9/06; 2006
Code, ch. 6, sec. 2.04; Ordinance 2014-33 adopted 10/14/14)
Sec. 4.06.042 Issuance; fee; duration; offenses
(a) Offenses.
(1) A person commits an offense if the person sells, offers to sell, gives away, trades or
otherwise conveys food to the public or operates a food establishment within the
town without having first obtained a food establishment permit issued by the
regulatory authority.
(2) A person commits an offense if the person operates a food establishment in violation
of the rules or of this article.
(b) Issuance.
(1) A person desiring to operate a food establishment shall make written application for a
permit on forms provided by the town. The application shall include:
(A) The applicant’s full name and street address and whether such applicant is an
individual, firm, corporation or partnership. If the applicant is a partnership, the
names of the partners, together with their addresses, shall be included;
(B) The location and type of the proposed food establishment;
(C) The signature of the applicant or applicants, or agents;
(D) Copy of the valid driver’s license or other state identification card of the
applicant or the applicant’s agent;
(E) Copy of a valid food protection manager’s certificate; and
(F) Such other information as the director deems necessary.
(2) An application for a permit for a mobile unit or temporary food establishment which
operates from a fixed food facility or “commissary” located outside the town shall
include with the completed application a copy of the facility’s current valid state
and/or local health permit.
(3) Prior to approval of an application for an existing, proposed or extensively remodeled
food establishment, the director of community development shall review all available
documentation for such establishment to insure that such facility complies with the
rules and regulations of this article. An application for a permit shall be denied if any
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part of the application is improperly or erroneously completed, or if any part of the
required documentation is not properly submitted. A person whose application is
denied may appeal the denial in accordance with the provisions of section 4.06.044 of
this article.
(4) If a single building or establishment contains multiple, separate, distinct food
operations, regardless of whether one or all of the operations are owned or operated
by one or more individuals or entities, a separate food establishment permit and
payment of a separate permit fee shall be required for each operation.
(c) Fee; duration.
(1) Except as set forth in subsection (c)(3) of this section, each food establishment
operating within the corporate limits of the town shall pay the permit fee to the town
as provided in the fee schedule in appendix A of this code at the time of application.
(2) A permit shall remain in force for one year from the date of issuance unless
suspended or revoked for cause as provided herein.
(3) No permit fee shall be charged to any food establishment owned and operated by a
governmental agency, independent school district, institution of purely public charity,
church and/or other nonprofit organization; however, such establishments shall be
required to obtain a permit and comply with all other requirements of these rules and
codes. Documentation of tax-exempt status of a nonprofit organization under federal
or state law must be provided to the town at the time of application in order to be
exempt from payment of the permit fee.
(4) As a condition of the permit, the food establishment shall be responsible for payment
of the inspection fees assessed in accordance with this article and for any
examination fees required. A permit shall not be renewed unless the permit holder
has paid all fees previously assessed.
(Ordinance 2002-24, sec. V, adopted 6/3/02; Ordinance 2006-01, sec. VI, adopted 1/9/06; 2006
Code, ch. 6, sec. 2.05)
Sec. 4.06.043 Suspension
(a) Procedure.
(1) The director shall notify the permit holder, operator, or person in charge of the food
establishment at the time of inspection, in writing, that the permit is, upon service of
the notice, immediately suspended and that an opportunity for a hearing will be
provided if the permit holder submits a written request for a hearing within five (5)
days. The hearing shall be held in accordance with section 4.06.044 of this article.
Notwithstanding the other provisions of this article, whenever the town finds
unsanitary or other conditions in the operation of a food establishment which
constitute a substantial hazard to the public health, a written notice may be issued to
the permit holder, operator, or person in charge citing such condition, specifying the
corrective action to be taken, and specifying the time period within which such action
shall be taken. If necessary, the order may state that the permit is immediately
suspended and all food operations are to be immediately discontinued.
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(2) If a permit holder, operator, or person in charge has failed to correct a violation of
this article after receiving two (2) written notices for the same violation, whether
noted during a routine inspection or reinspection, the director may suspend the food
establishment permit. Suspension may be appealed in accordance with section
4.06.044 of this article.
(b) Posting of sign. If a permit is suspended, a sign stating “Closed by Order of the Town of
Trophy Club Community Development Department” shall be placed on the entrance to the food
establishment in plain view of the public. A person commits an offense if the person removes,
covers, alters, defaces, or otherwise makes or causes such sign to be unreadable.
(c) Reinstatement of suspended permit. A person whose food establishment permit has been
suspended may, at any time, make written application for a reinspection for the purpose of
reinstating the permit. The application shall include a statement signed by the applicant stating
the conditions causing suspension of the permit have been corrected, and explaining how they
have been corrected. The director shall make a reinspection. If, upon reinspection, the
establishment is found to be in compliance with the requirements of this article, the director shall
reinstate the permit upon payment of a reinstatement fee as per the fee schedule in appendix A of
this code.
(Ordinance 2002-24, sec. VII, adopted 6/3/02; Ordinance 2006-01, sec. VII, adopted 1/9/06; 2006
Code, ch. 6, sec. 2.06)
Sec. 4.06.041 Revocation; appeals
(a) Revocation. The director may revoke a food establishment permit if the permit holder has
received two (2) written notices for the same critical violation(s) or for repeated violations of any
of the requirements of this article, or for interference with the town health officer in the
performance of his or her duties. Prior to such action, the town shall notify the permit holder in
writing, stating the reasons for which the permit is subject to revocation, and advising that the
permit shall be permanently revoked at the end of five (5) days following service of such notice
unless the permit holder files a written request for an appeal with the director within such five (5)
day period, which shall state the reasons the revocation is not authorized. A permit may be
suspended pending its revocation or a hearing relative thereto.
(b) Appeals. If requested, an appeal hearing shall be conducted by the town municipal court.
Such hearing shall be an administrative hearing and shall be conducted within seven (7) business
days of the date that the appeal is filed with the town. The municipal court judge shall make a
finding and shall sustain, modify or rescind any official notice or order considered in the hearing.
The court shall provide a written decision to the permit holder at the address furnished by the
permit holder within seven (7) business days after the date of the hearing.
(Ordinance 2003-08 [2002-24], sec. VIII, adopted 6/3/02; Ordinance 2006-01, sec. VIII, adopted
1/9/06; 2006 Code, ch. 6, sec. 2.07)
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5-1
CHAPTER 5
FIRE PREVENTION AND PROTECTION
ARTICLE 5.01 GENERAL PROVISIONS.................................................................................5-7
ARTICLE 5.02 FIRE MARSHAL AND ARSON INVESTIGATORS.......................................5-7
Sec. 5.02.001 Office of fire marshal created................................................................5-7
Sec. 5.02.002 Qualifications........................................................................................5-7
Sec. 5.02.003 Powers and duties of fire marshal; appointment and removal...............5-7
Sec. 5.02.004 Authority and duties as peace officers...................................................5-8
Sec. 5.02.005 Arson investigator reserve force............................................................5-8
ARTICLE 5.03 FIREWORKS.....................................................................................................5-9
Division 1. Generally.................................................................................................................5-9
Sec. 5.03.001 Definitions.............................................................................................5-9
Sec. 5.03.002 Penalty...................................................................................................5-9
Sec. 5.03.003 General prohibition................................................................................5-9
Sec. 5.03.004 Permitted transportation......................................................................5-10
Sec. 5.03.005 Exemption of signal flares and starter’s pistols...................................5-10
Sec. 5.03.006 Exemption of toy pistol caps...............................................................5-10
Sec. 5.03.007 Illegal fireworks declared nuisance; seizure and destruction;
injunctive relief..................................................................................5-10
Sec. 5.03.008 Right of entry.......................................................................................5-11
Sec. 5.03.009 Grace period........................................................................................5-11
Division 2. Public Displays.....................................................................................................5-11
Sec. 5.03.031 Generally.............................................................................................5-11
Sec. 5.03.032 Application for permit.........................................................................5-11
Sec. 5.03.033 Issuance or denial of permit; duration; transfer...................................5-11
Sec. 5.03.034 Insurance and bond..............................................................................5-11
Sec. 5.03.035 Only aerial displays permitted.............................................................5-12
Sec. 5.03.036 Material not to be stored in town.........................................................5-12
Sec. 5.03.037 Hazardous conditions prohibited.........................................................5-12
Sec. 5.03.038 Qualifications of person handling fireworks.......................................5-12
Sec. 5.03.039 Firemen to be present..........................................................................5-12
[Next page is 5-7.]
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ARTICLE 5.01 GENERAL PROVISIONS
(Reserved)
ARTICLE 5.02 FIRE MARSHAL AND ARSON INVESTIGATORS
Sec. 5.02.001 Office of fire marshal created
There is hereby created a fire marshal’s office for the town, at the head of which shall be the fire
marshal. The fire marshal’s office shall be composed of the fire marshal, arson investigators, and
other employees as the town may provide. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006
Code, ch. 10, sec. 13.01)
Sec. 5.02.002 Qualifications
No person shall be certified as a fire marshal or reserve or full-time arson investigator until such
person has complied with all requirements established by the state for peace officers and by the
town acting through the fire marshal. (Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code,
ch. 10, sec. 13.02)
Sec. 5.02.003 Powers and duties of fire marshal; appointment and removal
(a) The fire marshal shall be the chief law enforcement officer for the fire marshal’s office and
chief arson investigator and fire code enforcement officer for the town. He or she shall:
(1) Organize and administer the fire marshal’s office in conformity with the ordinances
of the town and the constitution and laws of the state and the United States;
(2) Have immediate direction and control of the fire marshal’s office, subject to the
supervision of the town manager and such rules, regulations and orders as the town
manager may prescribe;
(3) Consistent with policies and procedures established by the town manager, the fire
marshal shall promulgate all orders, rules and regulations for government of the fire
marshal’s office;
(4) Appoint and discipline reserve or full-time arson investigators and other employees
of the fire marshal’s office, who shall serve at his or her discretion, consistent with
the town’s personnel policies and procedures where applicable;
(5) Have the same powers in the town as the sheriffs of Denton and Tarrant Counties for
the prevention and suppression of crime, the arrest of offenders, the taking of bail and
the execution of arrest warrants, search warrants and other writs; and
(6) Be responsible for all arson investigations and fire code enforcement services and
perform such other duties as may be required by the town manager.
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(b) The fire marshal shall be appointed by the town manager and shall serve at the pleasure of
the town manager, who may terminate his or her services at any time consistent with the town’s
personnel policies and procedures, where applicable.
(Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.03; Ordinance
adopting Code)
Sec. 5.02.004 Authority and duties as peace officers
(a) The fire marshal and all reserve or full-time arson investigators of the fire marshal’s office
shall be and they are hereby vested with all the power and authority given to them as peace
officers under the laws of the state, federal law, and the ordinances and regulations of the town,
and it shall be the duty of each such officer:
(1) To use his or her best endeavors to prevent the commission within the town of
offenses against the laws of the state or the federal government and against the
ordinances and regulations of the town;
(2) To observe and enforce all such laws, ordinances and regulations;
(3) To detect and arrest offenders against the same; and
(4) To preserve the public peace, health and safety.
(b) All peace officers shall execute any criminal warrant, warrants of arrest, and any writ,
subpoenas or other process that may be placed in their hands by duly constituted authorities.
(Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.04)
Sec. 5.02.005 Arson investigator reserve force
(a) There is hereby created an auxiliary arson investigation force to be known as the arson
investigator reserve force.
(b) The fire marshal shall be the head of the arson investigator reserve force, and the members
of the reserve shall be under the authority, control and command of the fire marshal subject to all
provisions of the ordinances of the town and laws of this state. The fire marshal may, by order,
establish rules and regulations to govern the arson investigator reserve force, to fix specific duties
of its members and to provide for the maintenance of discipline. He or she may change such
orders from time to time, and may command members of the arson investigator reserve force to
obey the instructions of regular arson investigators in carrying out their orders.
(c) Members of the arson investigator reserve force shall comply with the standards as set forth
by the state commission on law enforcement officer standards and education prior to
appointment. Additional standards may be set by the fire marshal.
(d) The duties of the arson investigator reserve force, subject at all times to the direction,
supervision and control of the fire marshal, shall be to assist the regular members of the fire
marshal’s office in the enforcement of law and maintenance of peace and order during periods of
emergencies designated by the fire marshal. All members of the arson investigator reserve force
shall be subject to all rules, policies and regulations governing the conduct and operations of
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5-9
regular arson investigators. The fire marshal may prescribe other duties than those mentioned
herein to be performed by the arson investigator reserve force.
(e) Members of the arson investigator reserve force shall be appointed by the fire marshal, to
serve at his or her discretion, and any member may resign from the arson investigator reserve
force at any time, but it shall be his or her duty to notify the fire marshal of his or her resignation.
(Ordinance 2006-48, sec. II, adopted 11/20/06; 2006 Code, ch. 10, sec. 13.05)
ARTICLE 5.03 FIREWORKS*
Division 1. Generally
Sec. 5.03.001 Definitions
Fireworks. Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers,
squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any
designated name intended for use in obtaining visible or audible pyrotechnic display, and such
term shall include all articles or substances within the commonly accepted meaning of fireworks,
whether herein specially designated and defined or not.
Person. Any natural person, association of persons, partnership, corporation, or agent or officer of
a corporation, and shall also include all warehousemen, common and private carriers, bailees,
trustees, receivers, executors and administrators.
(Ordinance 86-02, sec. I, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.01)
Sec. 5.03.002 Penalty
Any person intentionally, knowingly, or recklessly violating any of the provisions of this article
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in
a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense
shall be deemed committed upon each day during or on which a violation occurs. (Ordinance 86-
02, sec. XXI, adopted 1/13/86; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 10,
sec. 6.19; Ordinance adopting Code)
Sec. 5.03.003 General prohibition
Except as otherwise specifically provided in this code, it shall be unlawful for any person to
manufacture, assemble, store, transport, receive, keep, sell, offer or have in his possession with
intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in
action any fireworks of any description. (Ordinance 86-02, sec. III, adopted 1/13/86; 2006 Code,
ch. 10, sec. 6.02)
* State law references–State regulation of fireworks and fireworks displays, V.T.C.A., Occupations Code,
ch. 2154; authority of city to prohibit or further regulate fireworks, V.T.C.A., Occupations Code, sec.
2154.004.
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Trophy Club Code of Ordinances Chapter 5: Fire Prevention and Protection
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Sec. 5.03.004 Permitted transportation
It shall be lawful to transport ICC class C common fireworks, as defined in article 3205 Vernon’s
Texas Revised Civil Statutes, as amended, by motor vehicles which meet the Interstate
Commerce Commission requirement for transporting ICC class C common fireworks and
equipped with at least one ten (10) pound fire extinguisher for extinguishing type B fires, along
and upon state and federally numbered highways within the town. It shall further be lawful for
bona fide fireworks dealers to transport ICC class C common fireworks, as defined in article 9205
Vernon’s Texas Revised Civil Statutes, as amended, along and upon state and federally numbered
highways within the town. (Ordinance 86-02, sec. III, adopted 1/13/86; 2006 Code, ch. 10, sec.
6.03)
Sec. 5.03.005 Exemption of signal flares and starter’s pistols
This article shall not apply to signal flares and torpedoes of the type and kind commonly used by
any railroads, which signal flares and torpedoes are received by and stored or transported by any
railroad for use in railroad operation; nor shall this article apply to any marine signal flare or
rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal
flare or rocket is transported or received or stored for use only as ship’s stores; nor shall this
article apply to signal flares or rockets for military or police use; nor shall this code apply to
starter’s blanks and pistols used at athletic events. (Ordinance 86-02, sec. IV, adopted 1/13/86;
2006 Code, ch. 10, sec. 6.04)
Sec. 5.03.006 Exemption of toy pistol caps
Toy paper pistol caps which contain less than twenty-five one-hundredths (25/100ths) grains of
explosive compounds shall not be affected by this article and the sale and use is permitted at all
times. (Ordinance 86-02, sec. V, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.05)
Sec. 5.03.007 Illegal fireworks declared nuisance; seizure and destruction; injunctive
relief
The presence of any fireworks within the jurisdiction of the town in violation of this article is
hereby declared to be a common and public nuisance. The fire chief and fire marshal are directed
and required to seize and cause to be safely destroyed any fireworks found in violation of this
article, and any member of the fire prevention division of the fire department or any police officer
of the town or any other duly constituted peace officer is empowered to stop the transportation of
and detain any fireworks found being transported illegally or to close any building where any
fireworks are found stored illegally until the fire chief and fire marshal can be notified in order
that such fireworks may be seized and destroyed in accordance with the terms of this section.
Notwithstanding any penal provision of this code, the town attorney is authorized to file suit on
behalf of the town or the fire marshal, or both, for such injunctive relief as may be necessary to
prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the
town and to aid the fire marshal in the discharge of his duties and to particularly prevent any
person from interfering with the seizure and destruction of such fireworks, but it shall not be
necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.
(Ordinance 86-02, sec. VI, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.06)
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Sec. 5.03.008 Right of entry
The fire chief is hereby authorized to enter any building, in accordance with the laws of the state
and of the United States, where the unlawful presence of fireworks is suspected, in order to
inspect the same for the presence of such fireworks, but such authority does not include the right
to enter a private dwelling or apartment. (Ordinance 86-02, sec. VII, adopted 1/13/86; 2006 Code,
ch. 10, sec. 6.07)
Sec. 5.03.009 Grace period
Those persons, corporations, partnerships and associations who are presently in the business of
buying, selling or manufacturing fireworks within town limits are hereby given ninety (90) days
within which to comply with the code. (Ordinance 86-02, sec. XVIII, adopted 1/13/86; 2006
Code, ch. 10, sec. 6.18)
Secs. 5.03.010–5.03.030 Reserved
Division 2. Public Displays
Sec. 5.03.031 Generally
The provisions of this article shall not apply to a public display of fireworks made under the
terms and conditions of this article, and such a display shall be permitted upon compliance with
the provisions of this code. (Ordinance 86-02, sec. VIII, adopted 1/13/86; 2006 Code, ch. 10, sec.
6.08)
Sec. 5.03.032 Application for permit
Any person or any firm, partnership, corporation or association planning to make a public display
of fireworks shall first make written application for a permit to the fire chief at least twenty-four
(24) hours in advance of the date of the proposed display. No town permit shall be issued until a
permit issued for said purposes has been issued by the state. (Ordinance 86-02, sec. IX, adopted
1/13/86; 2006 Code, ch. 10, sec. 6.09)
Sec. 5.03.033 Issuance or denial of permit; duration; transfer
It shall be the duty of the fire chief to make an investigation as to whether the display as proposed
by the applicant for a permit under this article shall be of such a character that it may be
hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable
discretion, grant or deny the application, subject to the conditions prescribed in this article. In the
event the application is approved, a permit shall be issued for the public display by the fire chief.
Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen
(14) days, and the permit shall not be transferable. In the event that the application is denied by
the fire chief, he shall notify the applicant of the denial in writing. (Ordinance 86-02, sec. X,
adopted 1/13/86; 2006 Code, ch. 10, sec. 6.10)
Sec. 5.03.034 Insurance and bond
The applicant for a display permit under this article shall, at the time of making application,
furnish proof that he carries compensation insurance for his employees as provided by the laws of
the state, and he shall file with the town secretary a certificate of insurance evidencing the
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carrying of public liability insurance in an amount not less than five hundred thousand dollars
($500,000.00) issued by an insurance carrier authorized to transact business in the state, for the
benefit of the person named therein as assured, as evidence of ability to respond in damages in at
least the amount of five hundred thousand dollars ($500,000.00), issued by an authorized surety
company approved by the fire chief, conditioned upon the applicant’s payment of all damages to
persons or property which shall or may result from or be caused by such public display of
fireworks, or any negligence on the part of the applicant or his/her agents, servants, employees, or
subcontractors in the presentation of the public display. The town shall also be designated as an
insured by the insurance policy and bonded by the bond. (Ordinance 86-02, sec. XI, adopted
1/13/86; 2006 Code, ch. 10, sec. 6.11)
Sec. 5.03.035 Only aerial displays permitted
Any fireworks display authorized under this article shall be limited to an aerial display.
(Ordinance 86-02, sec. XII, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.12)
Sec. 5.03.036 Material not to be stored in town
The material to be used for a public display authorized by this article shall not be stored within
the town limits, but shall be brought in on the day of the public display and then shall be taken
immediately to the place of display for further handling and storage. (Ordinance 86-02, sec. XIII,
adopted 1/13/86; 2006 Code, ch. 10, sec. 6.13)
Sec. 5.03.037 Hazardous conditions prohibited
No public display of fireworks shall be of such a character and so located, discharged, or fired as
to be hazardous or dangerous to persons or property, and this determination shall be within the
sound discretion of the fire chief. (Ordinance 86-02, sec. XIV, adopted 1/13/86; 2006 Code, ch.
10, sec. 6.14)
Sec. 5.03.038 Qualifications of person handling fireworks
The persons handling the display of fireworks under this code shall be competent, adult persons
and experienced pyrotechnic operators approved by the fire chief, and no person not approved by
the fire chief shall handle fireworks at the public display. The names of the experienced
pyrotechnic operators shall be designated on the permit issued. (Ordinance 86-02, sec. XV,
adopted 1/13/86; 2006 Code, ch. 10, sec. 6.15)
Sec. 5.03.039 Firemen to be present
For each public display of fireworks under this code, not less than two (2) firemen of the town
shall be in attendance during the display. The expense of such firemen at the display shall be
borne by the applicant for the permit and shall be paid in advance at the time of the application
for the permit. (Ordinance 86-02, sec. XVI, adopted 1/13/86; 2006 Code, ch. 10, sec. 6.16)
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CHAPTER 6
HEALTH AND SANITATION
ARTICLE 6.01 GENERAL PROVISIONS.................................................................................6-7
ARTICLE 6.02 EMERGENCY MEDICAL SERVICES.............................................................6-7
Sec. 6.02.001 Definitions.............................................................................................6-7
Sec. 6.02.002 Penalty...................................................................................................6-7
Sec. 6.02.003 Provision of service by town.................................................................6-8
Sec. 6.02.004 Fee schedule..........................................................................................6-8
Sec. 6.02.005 Responsibility for payment of fee.........................................................6-8
Sec. 6.02.006 Due date for payment of fee..................................................................6-8
Sec. 6.02.007 False statement of emergency...............................................................6-8
ARTICLE 6.03 HEALTH AUTHORITY....................................................................................6-9
Sec. 6.03.001 Established; duties.................................................................................6-9
Sec. 6.03.002 Payment of expenses.............................................................................6-9
Sec. 6.03.003 Appointment; term; qualifications; oath................................................6-9
Sec. 6.03.004 Removal...............................................................................................6-10
[Next page is 6-7.]
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ARTICLE 6.01 GENERAL PROVISIONS*
(Reserved)
ARTICLE 6.02 EMERGENCY MEDICAL SERVICES†
Sec. 6.02.001 Definitions
When used in this article, the following words and phrases shall have the meanings respectively
ascribed to them in this section:
Emergency medical services. Services provided by emergency medical services personnel by
means of an emergency medical services vehicle used to respond to an individual’s perceived
need for immediate medical care and to prevent death or aggravation of physiological or
psychological illness or injury.
Emergency medical services personnel.
(1) Emergency care attendants;
(2) Basic emergency medical technicians;
(3) Specially skilled emergency medical technicians; or
(4) Paramedic emergency medical technicians.
Emergency medical services vehicle.
(1) A basic life-support emergency medical services vehicle;
(2) An advanced life-support emergency medical services vehicle;
(3) A mobile intensive-care unit; or
(4) A specialized emergency medical services vehicle.
(Ordinance 92-03, sec. II, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.01)
Sec. 6.02.002 Penalty
It shall be unlawful for any person to violate or fail to comply with any provision of this article,
and any person violating or failing to comply with any provision of this article shall be fined,
upon conviction, not to exceed two thousand dollars ($2,000.00) for each offense, and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
* State law references–Authority to enforce laws to protect public health, V.T.C.A., Health and Safety
Code, sec. 121.003; local regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342; minimum
standards of sanitation and health protection, V.T.C.A., Health and Safety Code, ch. 341.
† State law references–Emergency medical services, V.T.C.A., Health and Safety Code, ch. 773; local
provision of emergency medical services, V.T.C.A., Health and Safety Code, ch. 774.
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6-8
continues. (Ordinance 92-03, sec. VII, adopted 2/18/92; Ordinance 98-28, sec. 6, adopted
10/20/98; 2006 Code, ch. 10, sec. 10.07)
Sec. 6.02.003 Provision of service by town
The town shall provide emergency medical services within the town, and shall provide such
services within adjacent jurisdictions as provided and authorized by law and by contract. The
provision of emergency medical services shall be deemed to include payment for the services as
set forth in this article. (Ordinance 92-03, sec. III, adopted 2/18/92; 2006 Code, ch. 10, sec.
10.02)
Sec. 6.02.004 Fee schedule
The town shall charge a fee for each response by the town to a request for emergency medical
services. The amount of the fee shall be as set forth in the fee schedule in appendix A of this
code. (Ordinance 92-03, sec. IV, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.03; Ordinance
adopting Code)
Sec. 6.02.005 Responsibility for payment of fee
The person receiving emergency medical service shall be responsible for payment of and shall
pay the fee set forth in section 6.02.004 hereof. In the case of service received by a minor, the
parent or guardian of the minor shall be responsible for payment of and shall pay the fee.
(Ordinance 92-03, sec. V, adopted 2/18/92; 2006 Code, ch. 10, sec. 10.04)
Sec. 6.02.006 Due date for payment of fee
The fee set forth in section 6.02.004 shall be deemed to have been incurred and shall be due and
payable within the town at the office of the town manager, whether or not the emergency medical
services provided were inside or outside the corporate limits of the town. The fee shall be due and
payable no later than 30 days following the date on which the emergency medical services were
provided, after which date the fee shall be deemed delinquent. (Ordinance 92-03, sec. VI, adopted
2/18/92; 2006 Code, ch. 10, sec. 10.05)
Sec. 6.02.007 False statement of emergency
It shall be unlawful for any person to willfully inform the emergency medical services dispatcher,
emergency medical services personnel, a police officer, or any officer or employee of the town
that an emergency medical services vehicle or vehicles are needed at a location or address when
such person knows that such statement is false. (Ordinance 92-03, sec. VII, adopted 2/18/92;
2006 Code, ch. 10, sec. 10.06)
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ARTICLE 6.03 HEALTH AUTHORITY*
Sec. 6.03.001 Established; duties
There is hereby established a health authority for the town. The health authority shall be
appointed by the town council and shall have and perform the following duties as directed by the
town manager or designee:
(1) The health authority shall have the authority to provide public health education and
information services to the citizens of the town;
(2) Establishing, maintaining, and enforcing quarantine within the town;
(3) Assisting and aiding the town in all matters of local quarantine, inspection, disease
prevention and suppression, birth and death statistics, and general sanitation within
the town;
(4) Reporting to the town, in such manner and form and at such times as they shall
prescribe, the presence of contagious, infectious, and dangerous epidemic diseases
within the town;
(5) Reporting to the town on all other matters as may be proper for the town to direct;
and
(6) Aiding the town at all times in the enforcement of proper rules, regulations,
requirements, and codes and in the enforcement of all sanitation laws, quarantine
regulations, and vital statistics collections in the town.
(Ordinance 87-26, sec. II, adopted 11/11/87; Ordinance 88-05, sec. I, adopted 1/18/88; 2006
Code, ch. 6, sec. 1.01; Ordinance adopting Code)
Sec. 6.03.002 Payment of expenses
The town council may, by motion or by budgetary appropriation, authorize the payment of
necessary expenses which may be incurred for the services of the health authority. (Ordinance 87-
26, sec. III, adopted 11/11/87; 2006 Code, ch. 6, sec. 1.02; Ordinance adopting Code)
Sec. 6.03.003 Appointment; term; qualifications; oath
(a) The town council shall appoint a health authority for a term of two (2) years to serve within
the town. The health authority so appointed shall serve in that capacity for a term of two (2) years
and may be reappointed for successive terms. A health authority shall be:
(1) A competent physician who is legally qualified to practice medicine under the laws
of the state and who is of reputable professional standing; and
(2) A resident of the state.
* State law reference–Health authorities, V.T.C.A., Health and Safety Code, sec. 121.021 et seq.
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(b) Each appointee shall take and subscribe to an official oath and file a copy of the oath and
appointment with the board. The appointee shall not be deemed legally qualified to serve as
health authority until such documents are filed.
(Ordinance 87-26, sec. IV, adopted 11/11/87; 2006 Code, ch. 6, sec. 1.02)
Sec. 6.03.004 Removal
A health authority may be removed at the discretion of the town council. (Ordinance 87-26, sec.
V, adopted 11/11/87; 2006 Code, ch. 6, secs. 1.03, 1.05; Ordinance adopting Code)
Town Council Page 696 of 1236 Meeting Date: February 9, 2016
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CHAPTER 7
MUNICIPAL COURT
ARTICLE 7.01 GENERAL PROVISIONS.................................................................................7-7
ARTICLE 7.02 MUNICIPAL COURT OF RECORD 1.............................................................7-7
Division 1. Generally.................................................................................................................7-7
Sec. 7.02.001 Creation; jurisdiction.............................................................................7-7
Sec. 7.02.002 Statutory authority.................................................................................7-7
Sec. 7.02.003 Commencement.....................................................................................7-7
Sec. 7.02.004 Clerk and other personnel......................................................................7-7
Sec. 7.02.005 Failure to appear or violation of promise to appear...............................7-8
Division 2. Judge.......................................................................................................................7-8
Sec. 7.02.031 Appointment; term; compensation; alternate judges.............................7-8
Sec. 7.02.032 Qualifications........................................................................................7-9
Sec. 7.02.033 Temporary vacancy...............................................................................7-9
Sec. 7.02.034 Vacancy.................................................................................................7-9
Sec. 7.02.035 Removal.................................................................................................7-9
Sec. 7.02.036 Judicial authority.................................................................................7-10
ARTICLE 7.03 FEES, COSTS AND SPECIAL EXPENSES...................................................7-10
Sec. 7.03.001 Driving safety course fee.....................................................................7-10
Sec. 7.03.002 Warrant or capias fee...........................................................................7-10
Sec. 7.03.003 Transcript preparation fee....................................................................7-11
Sec. 7.03.004 Technology fund..................................................................................7-11
Sec. 7.03.005 Building security fund.........................................................................7-11
[Next page is 7-7.]
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ARTICLE 7.01 GENERAL PROVISIONS*
(Reserved)
ARTICLE 7.02 MUNICIPAL COURT OF RECORD 1†
Division 1. Generally
Sec. 7.02.001 Creation; jurisdiction
By the passage of this article, the existing municipal court is hereby abolished and the Municipal
Court of Record 1 is hereby created in the town. The town council, in accordance with the
determinations in the ordinance adopting this article, finds that a municipal court of record is
necessary to provide a more efficient disposition of cases arising in the town. The Municipal
Court of Record 1 shall have concurrent jurisdiction with the justice court in any precinct in
which town is located in those criminal cases that arise in the town and that are punishable by fine
only. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. II, adopted 9/17/01; 2006
Code, ch. 7, sec. 1.01)
State law references–Creation of court, V.T.C.A., Government Code, sec. 30.00003; jurisdiction,
V.T.C.A., Government Code, sec. 30.00005.
Sec. 7.02.002 Statutory authority
The town Municipal Court of Record 1 is hereby established pursuant to Texas Government Code
chapter 30 (Municipal Courts of Record), subchapter A (General Law for Municipal Courts of
Record), section 30.01811, subchapter VV, all as from time to time amended, and the provisions
of such legislation governing the operation of a municipal court of record are hereby adopted.
(Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. III, adopted 9/17/01; 2006 Code,
ch. 7, sec. 1.02)
Sec. 7.02.003 Commencement
The existing municipal court of the town is hereby abolished as of 12:00 a.m. on September 30,
2001. Simultaneously with the abolition of the existing municipal court, the town Municipal
Court of Record 1 is created. All cases, warrants and other pending matters in the existing
municipal court are hereby transferred to the Municipal Court of Record 1, commencing at
12:00:01 a.m. on the 1st day of October, 2001. (Ordinance 1999-27 adopted 10/5/99; Ordinance
2001-22, sec. IV, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.03)
Sec. 7.02.004 Clerk and other personnel
The town council hereby provides for the appointment of a municipal court clerk for the town’s
Municipal Court of Record 1, who shall be an employee of the town subject to the supervision of
the presiding judge. Further, the town council hereby provides for the appointment of such deputy
* Charter reference–Municipal court, section 4.10 et seq.
† State law references–Municipal courts of record, V.T.C.A., Government Code, ch. 30; jurisdiction,
V.T.C.A., Government Code, sec. 30.00005; Trophy Club municipal court of record, V.T.C.A.,
Government Code, sec. 30.01811.
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clerks as the council shall determine appropriate. All court personnel, excluding the presiding
judge and alternate judges, shall be appointed by the town manager or designee and shall be
either at-will or contract employees of the town. Except as specifically provided herein, the
municipal court clerk and all other court personnel shall be subject to the supervision, direction
and control of the presiding judge. The municipal court clerk shall report to the town manager or
designee for administrative purposes such as employee benefits and the scheduling of leave.
Upon the direction of the town manager or designee and presiding judge, acting through the
town’s human resources department, the clerk may hire, direct, supervise or remove the personnel
authorized in the town’s annual budget. The municipal court clerk shall appoint a court reporter
or may utilize a recording device as determined appropriate. The municipal court clerk shall
perform all tasks required for the performance of his/her duties, including but not limited to those
duties required by chapter 30 of the Texas Government Code, as amended, and all other
applicable laws. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. VI, adopted
9/17/01; Ordinance 2006-49, sec. 2.01, adopted 12/18/06; 2006 Code, ch. 7, sec. 1.05; Ordinance
adopting Code)
Charter reference–Clerk of municipal court, section 4.12.
State law references–Appointment of clerk and other personnel, V.T.C.A., Government Code, sec.
30.00009; court reporter, V.T.C.A., Government Code, sec. 30.00010.
Sec. 7.02.005 Failure to appear or violation of promise to appear
(a) Appearance required. Any person summoned or ordered to appear in the town’s Municipal
Court of Record 1 to face and answer a charge brought against that person by the town for a
violation of a state statute, town ordinance or other law or regulation shall appear in the
Municipal Court of Record 1 at the date and time specified in the summons or order. For purposes
of this section, “person” shall mean any corporation, partnership, joint venture, individual or any
other entity recognized in law.
(b) Filing of complaint. In the event a person summoned or ordered to appear in the Municipal
Court of Record 1 as outlined in subsection (a) of this section fails to appear, the municipal court
clerk shall be authorized and empowered to file a complaint in the Municipal Court of Record 1
charging that person with failure to appear/violate promise to appear as summoned or ordered.
(Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. VII, adopted 9/17/01; 2006 Code,
ch. 7, sec. 1.06)
State law reference–Failure to appear, V.T.C.A., Penal Code, sec. 38.10.
Secs. 7.02.006–7.02.030 Reserved
Division 2. Judge*
Sec. 7.02.031 Appointment; term; compensation; alternate judges
The town council shall appoint a presiding judge and, at its discretion, appoint one or more
alternate judges. The presiding judge and the alternate judges shall be appointed for terms of two
(2) years each and shall have the authority provided by state law. Each term of office shall
* Charter reference–Judge of municipal court, section 4.11.
State law reference–Judge generally, V.T.C.A., Government Code, sec. 30.00006.
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commence upon the effective date of the ordinance appointing each such judge. The town council
shall establish the compensation for the presiding judge and each alternate judge. (2006 Code, ch.
7, sec. 1.04(A). See end of this division for full history for this division.)
Sec. 7.02.032 Qualifications
Each person appointed as a municipal court judge shall be:
(1) A resident of the state;
(2) A citizen of the United States; and
(3) A licensed Texas attorney in good standing who has two or more years of experience
in the practice of law in Texas.
(2006 Code, ch. 7, sec. 1.04(B). See end of this division for full history for this division.)
Sec. 7.02.033 Temporary vacancy
The town council may appoint one or more persons to sit for the presiding judge or for any
alternate judge(s) of the municipal court while any such judge or judges are temporarily unable to
act for any reason. The substitute judge(s) shall meet all of the qualifications prescribed for the
municipal judge, and while serving as a municipal judge shall have all the powers and discharge
all the duties of a municipal judge. (2006 Code, ch. 7, sec. 1.04(C). See end of this division for
full history for this division.)
State law reference–Appointment of substitute judge, V.T.C.A., Government Code, sec. 30.00008.
Sec. 7.02.034 Vacancy
If a vacancy occurs in the office of municipal judge of the court, the town council shall by
ordinance provide for the appointment of a qualified person to fill the office for the remainder of
the unexpired term only. (2006 Code, ch. 7, sec. 1.04(D). See end of this division for full history
for this division.)
Sec. 7.02.035 Removal
A municipal judge may be removed from office by the town council at any time for the reasons
stated and by the procedure provided for the removal of mayors and aldermen in section 21.021 et
seq. of the Texas Local Government Code, as amended. (2006 Code, ch. 7, sec. 1.04(E). See end
of this division for full history for this division.)
State law reference–Removal of judge, V.T.C.A., Government Code, sec. 30.000085.
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Sec. 7.02.036 Judicial authority
All duly appointed municipal court judges shall have the authority as provided by the applicable
provisions of the Texas Government Code, as amended, and all other applicable laws. (2006
Code, ch. 7, sec. 1.04(F). See end of this division for full history for this division.)
(Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. V, adopted 9/17/01; 2006 Code,
ch. 7, sec. 1.04)
ARTICLE 7.03 FEES, COSTS AND SPECIAL EXPENSES*
Sec. 7.03.001 Driving safety course fee
A nonrefundable fee in the amount established by the fee schedule in appendix A to this code
shall be collected as a special expense each time a person requests to take a driving safety course
for the purpose of having the charge dismissed after the successful completion of the course. The
fee shall be paid into the town treasury to recover the costs incurred by the town in processing the
person’s request for a driving safety class. (Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-
22, sec. VIII, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.07; Ordinance adopting Code)
State law reference–Additional court fees for driving safety course, V.T.C.A., Government Code, sec.
103.021.
Sec. 7.03.002 Warrant or capias fee
The following fees are hereby established and shall be imposed and collected by the town’s
Municipal Court of Record No 1 for a defendant convicted of a misdemeanor in the following
instances:
(1) When a defendant has been convicted in the municipal court of the town, the
defendant shall pay the sum set forth in the fee schedule in appendix A of this code
for the execution or processing of an issued arrest warrant or capias by a peace
officer. The fee shall be assessed on conviction regardless of whether the defendant
was also arrested at the same time for another offense, and shall be assessed for each
arrest made of a defendant arising out of the offense for which the defendant has been
convicted.
(2) Proceeds collected hereunder shall be retained by the town in accordance with law.
(Ordinance 1999-27 adopted 10/5/99; Ordinance 2001-22, sec. IX, adopted 9/17/01; 2006 Code,
ch. 7, sec. 1.08)
* State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art.
45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A.,
Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A.,
Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.
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Sec. 7.03.003 Transcript preparation fee
A transcript preparation fee in the amount set forth in the fee schedule in appendix A of this code
shall be paid by each defendant appealing from a judgment or conviction in the municipal court.
The transcript preparation fee does not include the fee for the actual transcript of the proceedings
and must be paid by the defendant in addition to the fee for the actual transcript. The court clerk
shall note the payment of the transcript preparation fee on the docket of the court and shall refund
the fee to the defendant if the case is reversed on appeal. (Ordinance 1999-27 adopted 10/5/99;
Ordinance 2001-22, sec. X, adopted 9/17/01; 2006 Code, ch. 7, sec. 1.09)
State law reference–Transcript fees, V.T.C.A., Government Code, sec. 30.00014(f), (g).
Sec. 7.03.004 Technology fund
(a) Established. There is hereby created and established a municipal court technology fund (the
“fund”), pursuant to article 102.0172, Texas Code of Criminal Procedure.
(b) Assessment of fee. The municipal court of the town is hereby authorized and required to
assess a municipal court technology fee (the “fee”), as defined in art. 102.0172(d) of the Texas
Code of Criminal Procedure, in the amount as provided for in the fee schedule in appendix A to
this code, against all defendants convicted of a misdemeanor offense in the municipal court. Each
misdemeanor conviction shall be subject to a separate assessment of the fee.
(c) Collection of fee. The municipal court clerk is hereby authorized and required to collect the
fee and to pay same to the treasury of the town. All fees so collected and paid over to the treasury
of the town shall be segregated in the fund.
(d) Authorized uses. The fund shall be used only for the purposes of financing the purchase of
items used to provide certain technological enhancements for the municipal court of the town.
Technological enhancement items shall include any and all items described in article 102.0172(d)
of the Code of Criminal Procedure.
(e) Administration. The fund shall be administered by or under the direction of the town
council.
(Ordinance adopting Code)
State law reference–Authority of municipality to establish municipal court technology fund, Tex. Code
Crim. Proc. art. 102.0172.
Sec. 7.03.005 Building security fund
(a) Established. There is hereby created and established a municipal court building security
fund (the “fund”), pursuant to article 102.017, Texas Code of Criminal Procedure.
(b) Assessment of fee. The municipal court of the town is hereby authorized and required to
assess a municipal court building security fee (the “fee”), as defined in art. 102.017 of the Texas
Code of Criminal Procedure, in the amount as provided for in the fee schedule in appendix A to
this code, against all defendants convicted of a misdemeanor offense in the municipal court. Each
misdemeanor conviction shall be subject to a separate assessment of the fee.
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(c) Collection of fee. The municipal court clerk is hereby authorized and required to collect the
fee and to pay same to the treasury of the town. All fees so collected and paid over to the treasury
of the town shall be segregated in the fund.
(d) Authorized uses. The fund shall be used only for the purposes of financing the purchase of
security devices and/or services for the building or buildings housing the municipal court of the
town. Security devices and/or services shall include any and all items described in article
102.017(d-1) of the Code of Criminal Procedure.
(e) Administration. The fund shall be administered by or under the direction of the town
council.
(Ordinance adopting Code)
State law reference–Authority to establish municipal court building security fund, Tex. Code Crim. Proc.
art. 102.017.
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CHAPTER 8
OFFENSES AND NUISANCES
ARTICLE 8.01 GENERAL PROVISIONS.................................................................................8-7
Sec. 8.01.001 Displaying or posting sign for purpose of selling vehicle.....................8-7
ARTICLE 8.02 NOISE.................................................................................................................8-7
Sec. 8.02.001 Penalty...................................................................................................8-7
Sec. 8.02.002 Injunctive relief.....................................................................................8-7
Sec. 8.02.003 Declaration of nuisance.........................................................................8-7
Sec. 8.02.004 Exception for lawn equipment and agricultural equipment...................8-9
Sec. 8.02.005 Permit....................................................................................................8-9
ARTICLE 8.03 GRAFFITI..........................................................................................................8-9
Sec. 8.03.001 Definitions.............................................................................................8-9
Sec. 8.03.002 Penalty.................................................................................................8-10
Sec. 8.03.003 Removal required................................................................................8-10
ARTICLE 8.04 OUTDOOR STORAGE OR DISPLAY...........................................................8-11
Sec. 8.04.001 Definitions...........................................................................................8-11
Sec. 8.04.002 Penalty.................................................................................................8-12
Sec. 8.04.003 Screening of certain items required.....................................................8-12
Sec. 8.04.004 Screening standards.............................................................................8-12
Sec. 8.04.005 Portable home storage units.................................................................8-13
ARTICLE 8.05 WEAPONS.......................................................................................................8-14
Sec. 8.05.001 Definitions...........................................................................................8-14
Sec. 8.05.002 Discharge of firearm............................................................................8-15
Sec. 8.05.003 Discharge of archery equipment or airgun..........................................8-15
Sec. 8.05.004 Hunting................................................................................................8-16
ARTICLE 8.06 SEX OFFENDER RESIDENCY RESTRICTIONS.........................................8-16
Sec. 8.06.001 Definitions...........................................................................................8-16
Sec. 8.06.002 Offenses...............................................................................................8-17
Sec. 8.06.003 Evidentiary matters; measurements.....................................................8-18
Sec. 8.06.004 Culpable mental state not required......................................................8-18
Sec. 8.06.005 Defenses..............................................................................................8-18
Sec. 8.06.006 Penalty.................................................................................................8-19
Sec. 8.06.007 Safety zone map..................................................................................8-19
ARTICLE 8.07 RESTRICTED SMOKING MATERIALS.......................................................8-19
Sec. 8.07.001 Definitions...........................................................................................8-19
Sec. 8.07.002 Purpose; applicability..........................................................................8-21
Sec. 8.07.003 Sale, delivery, offer or gift prohibited.................................................8-21
Sec. 8.07.004 Use or possession prohibited...............................................................8-21
Sec. 8.07.005 Use or possession of restricted smoking paraphernalia.......................8-21
Sec. 8.07.006 Defenses..............................................................................................8-21
ARTICLE 8.08 ABANDONED OR JUNKED VEHICLES......................................................8-22
Division 1. Generally...............................................................................................................8-22
Sec. 8.08.001 Definitions...........................................................................................8-22
Sec. 8.08.002 Penalty.................................................................................................8-23
Sec. 8.08.003 Immediate removal of vehicles obstructing traffic..............................8-23
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Division 2. Abandoned Vehicles.............................................................................................8-23
Sec. 8.08.031 Authority to take possession................................................................8-23
Sec. 8.08.032 Notice..................................................................................................8-24
Sec. 8.08.033 Storage fees.........................................................................................8-24
Sec. 8.08.034 Sale at auction; use by police department...........................................8-24
Sec. 8.08.035 Vehicles left in storage facilities.........................................................8-25
Sec. 8.08.036 Disposal to demolisher........................................................................8-25
Division 3. Junked Vehicles....................................................................................................8-25
Sec. 8.08.061 Declaration of nuisance; penalty.........................................................8-25
Sec. 8.08.062 Abatement notice.................................................................................8-26
Sec. 8.08.063 Abatement procedures.........................................................................8-26
Sec. 8.08.064 Exceptions...........................................................................................8-27
Sec. 8.08.065 Authority to enforce............................................................................8-27
ARTICLE 8.09 WEEDS, REFUSE OR OTHER OBJECTIONABLE MATTER....................8-28
Sec. 8.09.001 Prohibited conditions on private property...........................................8-28
Sec. 8.09.002 Prohibited conditions in area between property line and street...........8-28
Sec. 8.09.003 Removal...............................................................................................8-29
Sec. 8.09.004 Objectionable and unsightly vegetation defined.................................8-29
Sec. 8.09.005 Notice of violation; performance of work by town.............................8-29
Sec. 8.09.006 Assessment of town’s expenses...........................................................8-30
Sec. 8.09.007 Abatement of weeds without prior notice............................................8-30
Sec. 8.09.008 Requirements prior to filing of complaint or other legal action..........8-31
Sec. 8.09.009 Penalty.................................................................................................8-31
[Next page is 8-7.]
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ARTICLE 8.01 GENERAL PROVISIONS
Sec. 8.01.001 Displaying or posting sign for purpose of selling vehicle
(a) Prohibition. It shall be unlawful for any person to post any signage on or near any motor
vehicle, mobile home, motor home, recreational vehicle, trailer, boat, motorcycle or moped, or
post any signage upon public or private property, for the express purpose of effectuating the sale
of said vehicle, and it shall be unlawful to sell said vehicle pursuant to any such posting of a sign
or signs.
(b) Penalty. It shall be unlawful for any person to violate any provision of this section, and any
person violating any provision of this section shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine in an amount not to exceed five hundred dollars
($500.00) for each offense, and a separate offense shall be deemed committed upon each day
during on or which a violation occurs.
(Ordinance 85-23, secs. I, VII, adopted 3/23/87; Ordinance 98-28, sec. 8, adopted 10/20/98; 2006
Code, ch. 10, secs. 9.01, 9.02)
ARTICLE 8.02 NOISE*
Sec. 8.02.001 Penalty
Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed two thousand
dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues. (Ordinance 88-27, sec. V, adopted 12/12/88; Ordinance
1999-19, sec. V, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.05)
Sec. 8.02.002 Injunctive relief
In addition to the fines and penalties set forth in section 8.02.001 hereof for the enforcement of
the provisions of this article, the town may enforce the provisions hereof by injunctive relief
through an appropriate court of competent jurisdiction. (Ordinance 88-27, sec. IV, adopted
12/12/88; Ordinance 1999-19, sec. IV, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.04)
Sec. 8.02.003 Declaration of nuisance
(a) The following acts, among others, are declared to be nuisances in violation of this article,
but said enumeration shall not be deemed to be exclusive:
(1) The playing of any radio, phonograph, tape player or other electronic device of a
similar nature, or any musical instrument, in such manner or with such volume,
during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet,
comfort, or repose of persons of ordinary sensibilities in any dwelling or other type of
residence, such persons being indoors or outdoors at any such location.
* State law reference–Disorderly conduct, V.T.C.A., Penal Code, sec. 42.01.
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(2) The use of any loudspeaker or amplifier of such intensity that annoys or disturbs
persons of ordinary sensibilities in the immediate vicinity thereof, except by permit
issued by the town manager or designee in accordance with section 8.02.005 of this
article.
(3) The running of any automobile, motorcycle, or vehicle so out of repair or so loaded,
or operating a vehicle in any such manner, as to create loud or unnecessary grating,
grinding, jarring, or rattling noise or vibrations.
(4) The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motor vehicle engine or boat engine, except through a muffler or
other device which will effectively prevent loud or explosive noises therefrom.
(5) The use of any mechanical device operated by compressed air, unless the noise to be
created is effectively muffled and reduced to prevent loud or explosive noises
therefrom.
(6) The erection, including excavation, demolition, alteration or repair work on any
building, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the
weekdays of Monday through Saturday, inclusive, except in case of an urgent
necessity in the interest of public safety and convenience, and then only by permit
from the town manager or designee in accordance with section 8.02.005 of this
article, specifying the nature of the emergency and the days and hours such work is to
be allowed, which permit may be renewed by the town manager or designee during
the time the emergency exists.
(7) The operation of any heavy equipment, machinery or apparatus for excavation,
construction, grading, earth moving, paving, cement laying or pouring, drilling or
work of any nature, or the operation of any chain saw, within 1500 lineal feet of any
occupied residential dwelling, other than between the hours of 7:00 a.m. and 6:00
p.m. on or during the weekdays of Monday through Saturday, inclusive, except in
case of an urgent necessity in the interest of public safety and convenience, and then
only by permit from the town manager or designee in accordance with section
8.02.005 of this article, specifying the nature of the emergency and the days and
hours such work is to be allowed, which permit may be renewed by the town
manager or designee during the time the emergency exists.
(8) As a part of any business, other than between the hours of 7:00 a.m. and 9:00 p.m.,
Monday through Saturday, inclusive, within 1500 linear feet of any occupied
residential dwelling, the operation of any heavy equipment, truck or machinery which
emits noises of such intensity or loudness that annoy or disturb persons of ordinary
sensibilities within such distance, except in the case of urgent necessity in the interest
of public safety and convenience, and then only by permit from the town manager or
designee in accordance with section 8.02.005 of this article, specifying the nature of
the emergency and the dates and hours such work is to be allowed, which permit may
be renewed by the town manager or designee during the time the emergency exists.
(9) Construction work performed on any of the following holidays: New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.
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(b) Notwithstanding any of the above, the town manager or designee shall have the authority to
and may issue a permit in accordance with section 8.02.005 of this article for alteration or repair
work or for new construction in connection with owner-occupied residences when the particular
work is to performed by the owner-occupant of the premises where the work is to be performed
and when such work is to be performed between the hours of 6:00 p.m. and 9:00 p.m., Monday
through Saturday, inclusive, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday.
(Ordinance 88-27, sec. I, adopted 12/12/88; Ordinance 1999-19, sec. I, adopted 7/20/99; 2006
Code, ch. 8, sec. 1.01; Ordinance 2012-14, secs. 2.01–2.03, adopted 6/18/12; Ordinance adopting
Code)
Sec. 8.02.004 Exception for lawn equipment and agricultural equipment
This article is not intended to prohibit and shall not prohibit in any way the operation of power
lawnmowers or other lawn equipment or any equipment used for agricultural purposes or golf
course or lawn maintenance. (Ordinance 88-27, sec. II, adopted 12/12/88; Ordinance 1999-19,
sec. II, adopted 7/20/99; 2006 Code, ch. 8, sec. 1.02)
Sec. 8.02.005 Permit
Any exemption from the provisions of this article by permit issued by the town manager or
designee must be in writing by the applicant at least 48 hours prior to the requested issuance date
and time, unless the emergency circumstances are such, upon determination by the town manager
or designee, that a shorter time should be allowed. Thereafter, upon issuance of the permit by the
town manager or designee, such permit shall be displayed at all times during the performance of
the work, upon the premises to which such permit applies, in clear view for the inspection by the
public law enforcement officials of the town. No permit for an exemption to the provisions of this
article shall be issued or renewed by the town manager or designee for a period exceeding three
(3) months. Any requested period exceeding three (3) months must be approved by the town
council. (Ordinance 88-27, sec. III, adopted 12/12/88; Ordinance 1999-19, sec. III, adopted
7/20/99; 2006 Code, ch. 8, sec. 1.03; Ordinance adopting Code)
ARTICLE 8.03 GRAFFITI*
Sec. 8.03.001 Definitions
Graffiti. Any marking, including but not limited to any inscription, slogan, drawing, painting,
symbol, logo, name, character, or figure, that is made in any manner on tangible property.
Guardian.
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
Minor. A person under 18 years of age who is not and has not been married or who has not had
his disabilities of minority removed for general purposes.
* State law reference–Graffiti, V.T.C.A., Penal Code, sec. 28.08.
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Owner. Any person with the legal or equitable right of possession to any property.
Parent. The mother, a man presumed to be the biological father or a man who has been
adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother
or father, but does not include a parent as to whom the parent-child relationship has been
terminated.
Property. Any tangible personal or real property.
(Ordinance 2004-02, sec. II, adopted 1/19/04; Ordinance 2005-03, sec. 2, adopted 2/7/05; 2006
Code, ch. 8, sec. 2.01)
Sec. 8.03.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not more than two thousand dollars ($2,000.00), and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues. (Ordinance 1999-13, sec.
XIX, adopted 6/16/99; Ordinance 2002-38, sec. XIX, adopted 1/18/02; 2006 Code, ch. 8, sec.
2.03)
Sec. 8.03.003 Removal required
(a) Removal required. The owner of any property in the town commits an offense if the owner
fails to remove all graffiti from the property that is visible from any public property, easement or
right-of-way, unless the graffiti was created or placed on the property with the owner’s consent
and does not violate the town’s sign regulations or any applicable code, regulation or state or
federal law.
(b) Notice. Before issuing a citation for a violation of this article, the designated official shall
serve an owner with written notice to remove the graffiti from the property within twenty-one
(21) calendar days from the date the notice is served. The notice may be served by hand-delivery
to the owner or by depositing the same in the United States Postal Service certified mail, return
receipt requested, addressed to the owner at the owner’s address as shown on the most recent
certified tax roll of the town. If the owner cannot be located and the notice is returned undelivered
by the United States Postal Service, then the owner may be notified by:
(1) Publication two (2) times within ten (10) consecutive days in the town’s official
newspaper;
(2) Posting the notice on or near the front door of each building on the premises to which
the violation relates; or
(3) Posting the notice on a placard attached to a stake driven into the ground on the
premises to which the violation relates, if the premises do not contain a building.
(c) Computation of time. The twenty-one (21) calendar days referenced in subsection (b) of
this section shall be counted as follows:
(1) From the date the notice is personally served on the owner;
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(2) From the sixth day after the date the notice is placed in the United States certified
mail; or
(3) If the owner cannot be found or in the event the notice is returned by the United
States Postal Service, from the date the notice is:
(A) Published for the second time in accordance with subsection (b)(1) of this
section; or
(B) Posted in accordance with subsections (b)(2) and (3) of this section.
(d) Defenses. It is a defense to prosecution under subsection (a) of this section that:
(1) No notice was served on the owner in compliance with this article;
(2) The owner has removed the graffiti from the property in question three (3) or more
times within the twelve (12) month period preceding the date of the citation; or
(3) Before being issued a citation, the owner gave the designated official written
authorization to allow persons to enter onto the property and remove the graffiti
pursuant to a volunteer or community service program approved by the designated
official in which the owner is eligible to participate.
(e) Graffiti on town or government property. The designated official shall notify the town and
any other governmental entity whenever property owned by or under control of the town or
governmental entity contains graffiti in violation of this article. The town or any other
governmental entity shall remove any such graffiti from its property within twenty-one (21) days
from the date of the notice.
(Ordinance 2004-02, sec. XV, adopted 1/19/04; Ordinance 2005-03, sec. 17, adopted 2/7/05;
2006 Code, ch. 8, sec. 2.02)
ARTICLE 8.04 OUTDOOR STORAGE OR DISPLAY
Sec. 8.04.001 Definitions
Outdoor storage/display. The keeping, displaying, maintaining, or storing of any new or used
goods, materials, merchandise or equipment on a lot, tract, or parcel of land that is not within a
structure or behind an appropriate screen for periods longer than two (2) consecutive days per
month.
Portable home storage unit or POD.
(1) Any assembly of materials which is so designed, constructed or reconstructed to
make it portable and capable of movement from one site to another, designed to be
used without a permanent foundation, designed with the purpose of storing tangible
property and not for occupancy by persons, and to have one dimension exceeding ten
feet (10'); or
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(2) Any container, storage unit, shed-like container or other portable structure that can or
is used for the storage of personal property of any kind and which is located for such
purposes outside an enclosed building, other than an accessory building or shed
complying with all building codes and land use requirements.
Residential district or residential use. An area designated for use and designed to accommodate
single-family, multifamily, townhome, condominium or other living uses for single-family or
multifamily dwelling.
(Ordinance 2006-10, sec. II, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.01)
Sec. 8.04.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues. (Ordinance 2006-10, sec. IX, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.05)
Sec. 8.04.003 Screening of certain items required
It shall be unlawful for any person, whether an owner or tenant of property, in a residential
district designated for residential use, to allow outdoor storage or outdoor display of the following
items visible from the public right-of-way for longer than two (2) consecutive days per month,
which are not appropriately screened in accordance with section 8.04.004 of this code:
(1) Clothes hanging from balconies, patios or other projecting overhangs.
(2) Clothes hanging from clothes lines.
(3) New, broken, discarded, abandoned or inoperable property, including but not limited
to household furnishings, appliances, boxes, cartons, lawn maintenance equipment,
landscaping supplies, machines, tools, exercise equipment and other items.
(4) Automotive equipment, including but not limited to machinery, parts and tires.
(5) Household furnishings not designed for outdoor use.
(6) Exterior appliances, including but not limited to utility and mechanical equipment.
(Ordinance 2006-10, sec. III, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.02)
Sec. 8.04.004 Screening standards
Except as otherwise specifically provided, screening shall be provided in accordance with the
following regulations:
(1) General standards. Residential districts may have outdoor storage/display, but such
outdoor storage/display shall be screened from the public view and shall comply with
the screening requirements set out in this code. Compliance with the screening
requirements of this code notwithstanding, this code shall not be construed as
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authorizing screened storage which creates, causes or allows to be maintained a
nuisance or other condition detrimental to public health, safety and welfare or which
violates any other ordinance of the town.
(2) Types of screening; height.
(A) All outdoor storage/display shall be screened from [view] as required herein so
that it cannot be viewed from public right-of-way;
(B) Screening shall be a minimum of six feet (6') in height and a maximum of eight
feet (8') in height, except as provided by subsection (3) of this section; and
(C) Construction must comply with the fencing requirements, or:
(i) Be constructed according to and compliant with the current fencing
standards;
(ii) Be constructed of ornamental fencing in combination with a landscape
screen; or
(iii) Be constructed of a solid evergreen shrub landscape screen without a
fence or wall.
(D) Evergreen shrubs used for a landscape screen shall be placed so as to create at
least a six-foot (6') tall solid screen within two (2) years of their installation
along the length of the stored material. All landscaping shall be irrigated and
maintained in a healthy and growing condition.
(E) Screening may not be constructed of chain link with slats.
(3) Newly planted evergreen shrubs. Outdoor storage/display screening must completely
conceal the outdoor storage/display except in the case where newly planted evergreen
shrubs which will serve as a required landscape screen at maturity have been placed
so as to produce a solid six-foot (6') screen, provided that such shrubs must
completely screen the outdoor storage/display within two (2) years of installation.
(4) Screening of shipping containers, semi-trailers and other vehicles used for storage.
The screening requirements of this section shall also apply to the use of semi-trailers,
storage vaults, shipping containers, or other vehicles for storage purposes.
(5) Balcony screening. Outdoor storage/display must be completely enclosed in a storage
unit for balconies facing or viewable from public rights-of-way.
(Ordinance 2006-10, sec. IV, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.03)
Sec. 8.04.005 Portable home storage units
(a) Permit required; application; insurance; fee.
(1) It shall be unlawful for a person to place or maintain a PODS unit on his or her
property without a valid permit.
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(2) Before placing a PODS unit on his or her property, a person shall submit an
application with a site plan designating the location of the PODS unit and obtain a
permit from the town. An insurance certificate providing liability insurance in the
amount of $100,000.00 provided by the company supplying the PODS unit must
accompany the application. There is a fee in the amount established by the fee
schedule for a thirty (30) day permit.
(b) Duration of permit; extension. Permits shall be granted for a period of thirty (30) days.
Only one (1) permit shall be issued per calendar year. At the expiration of the thirty (30) day
period, applicants may seek to extend their permits for an additional thirty (30) days by filing a
request for permit extension. Extension of a permit shall cost the amount established by the fee
schedule for the additional thirty (30) day period. Only one thirty (30) day extension shall be
allowed.
(c) Location. PODS units are prohibited from being placed in streets or in the front yard of a
property on a surface other than an improved surface made of materials as specified in the town’s
ordinances. PODS units shall be kept in the driveway of the property at the furthest accessible
point from the street as shown on a site plan submitted with the permit application. PODS shall
only be placed on improved off-street surfaces as specified herein.
(d) Number and size of units. Only one (1) PODS unit may be placed upon any residential
property at one time, and the size of the unit shall not exceed ten feet (10') in width or twenty feet
(20') in length.
(e) Safety. It shall be the obligation of the owner or user of the PODS unit to secure it in a
manner that does not endanger the safety of persons or property in the vicinity of the unit.
(Ordinance 2006-10, sec. V, adopted 5/1/06; 2006 Code, ch. 8, sec. 5.04; Ordinance adopting
Code)
ARTICLE 8.05 WEAPONS*
Sec. 8.05.001 Definitions
Airgun. Any device designed, made, or adapted to expel a projectile through a barrel by using the
energy generated by compressed air and including, but not limited to, airguns, BB or pellet guns,
air-soft guns, paint ball guns and other similar devices.
Archery equipment. A long bow, compound bow, recurved bow, crossbow or other similar
device.
Domestic animal. Any animal other than wildlife as defined herein.
* State law references–Weapons, V.T.C.A., Penal Code, ch. 46; limitation of authority to prohibit
discharge of firearms or other weapons in extraterritorial jurisdiction, V.T.C.A., Local Government Code,
sec. 229.002.
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Firearm. Any device designed, made, or adapted to expel a projectile through a barrel by using
the energy generated by an explosion or burning substance, or any device readily convertible to
that use.
Wildlife. Any wild mammal, aquatic animal, wild bird, amphibian, reptile, mollusk, or crustacean,
or any part, product, egg, or offspring of any of these, dead or alive.
(Ordinance 2011-21, sec. 2 (5.01), adopted 6/6/11)
Sec. 8.05.002 Discharge of firearm
It shall be unlawful for any person to fire or discharge any firearm within the town.
Notwithstanding the foregoing, the following actions shall be allowed:
(1) The discharge of a firearm done in the necessary and lawful protection of a person,
premises or property, unless such discharge is reckless or negligent under the
circumstances existing at the time.
(2) The discharge of a firearm by a duly authorized peace officer while lawfully carrying
out his official duties.
(Ordinance 85-26 adopted 10/28/85; 2006 Code, ch. 10, sec. 5.01; Ordinance 2011-21, sec. 2
(5.02), adopted 6/6/11)
State law references–Authority of municipality regarding firearms and explosives, V.T.C.A., Local
Government Code, sec. 229.001; disorderly conduct, V.T.C.A., Penal Code, sec. 42.01.
Sec. 8.05.003 Discharge of archery equipment or airgun
(a) Discharge of archery equipment prohibited; exceptions. It shall be unlawful for any person
to discharge any archery equipment within the town. Notwithstanding the foregoing, the
following actions shall be allowed:
(1) The discharge of archery equipment in an establishment properly fitted and arranged
for the purpose so that no danger arises therefrom; provided, however, that an archery
range shall only be allowed in an establishment which has as its primary operation
the sale and/or repair of sporting equipment or archery equipment.
(2) The discharge of archery equipment done in the necessary and lawful protection of
the person, premises or property, unless such discharge is reckless or negligent under
the circumstances existing at the time.
(3) The discharge of archery equipment on private property when all projectiles
discharged remain contained within the confines of property controlled or owned by
the person discharging or allowing the discharge of the archery equipment.
(4) The discharge of archery equipment by a person under the age of eighteen (18) on
private property when such minor person is under the supervision of an adult person
controlling or owning the property and all projectiles discharged remain contained
within the confines of the property.
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(b) Use of archery equipment to injure or kill animal. No person shall use archery equipment to
intentionally, knowingly, or recklessly injure or kill either a domestic animal or wildlife.
(c) Discharge of airgun prohibited; exceptions. It shall be unlawful for any person to discharge
an airgun within the town. Notwithstanding the foregoing, the following actions shall be allowed:
(1) The discharge of an airgun on private property when all projectiles discharged remain
contained within the confines of property controlled or owned by the person
discharging or allowing the discharging of the airgun.
(2) The discharge of an airgun by a person under the age of eighteen (18) on private
property when such minor person is under the supervision of an adult person
controlling or owning the property and all projectiles discharged remain contained
within the confines of the property.
(d) Use of airgun to kill or injure animal. No person shall use an airgun to intentionally,
knowingly, or recklessly injure or kill either a domestic animal or wildlife.
(Ordinance 2011-21, sec. 2 (5.04), adopted 6/6/11)
Sec. 8.05.004 Hunting
No person shall hunt wildlife within the town or on property leased by the town, except as
follows:
(1) When acting pursuant to a written contract with the town.
(2) When acting in the course and scope of employment with the town police department
in accordance with such person’s job description.
(3) When acting pursuant to a written contract with the U.S. Army Corps of Engineers or
a permit issued by the U.S. Army Corps of Engineers.
(Ordinance 2011-21, sec. 2 (5.05), adopted 6/6/11)
ARTICLE 8.06 SEX OFFENDER RESIDENCY RESTRICTIONS*
Sec. 8.06.001 Definitions
For the purpose of this article, the following terms, words and the derivations thereof shall have
the meanings given herein:
Database. The state department of public safety’s sex offender database.
* State law references–Establishment of child safety zone for sex offender on community supervision for
sexual offenses against children, Tex. Code Crim. Proc. art. 42.12, sec. 13B; establishment of child safety
zone for sex offender on community supervision for violent offenses, Tex. Code Crim. Proc. art. 42.12, sec.
13D.
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Day care facility or day care center. An establishment where more than 3 unrelated children
under the age of fourteen (14) are left for care, training, education, custody, or supervision during
the day or any portion thereof. The term does not include overnight lodging, medical treatment,
counseling or rehabilitative services and does not apply to any school, public or private, as herein
defined.
Minor. A person younger than seventeen (17) years of age.
Permanent residence. A place where a person abides, lodges, or resides for fourteen (14) or more
consecutive days.
Playground. Any outdoor facility that is not on the premises of a school and that is intended for
recreation, is open to the public, and contains three or more separate apparatus intended for the
recreation of children, such as slides, swing sets, and teeterboards.
Premises. Real property and all buildings and appurtenances pertaining to the real property.
Public or private youth center. Any recreational facility or gymnasium that is intended primarily
for use by persons who are 17 years of age or younger and regularly provides athletic, civic, or
cultural activities, whether publicly or privately owned or operated.
Public park. Any premises designated by the town as parkland that is not on the premises of a
school, that is intended for recreation, and that is open to the public.
School. A private or public elementary or secondary school.
Swimming pool. Any structure intended or used by the public for swimming or recreational
bathing, regardless of size, and including in-ground, above-ground and on-ground swimming
pools. The term shall not include swimming or bathing facilities located on private residential
property which are not open for use by the public or swimming or bathing facilities located within
an apartment or other multifamily housing complex.
Temporary residence. A place where a person abides, lodges, or resides for a period of 14 or
more days in the aggregate during any calendar year and which is not the person’s permanent
residence, or a place where a person routinely abides, resides, or lodges for a period of 4 or more
consecutive days or nonconsecutive days in any month and which is not the person’s permanent
residence.
Video arcade facility. Any facility that is open to the public, including persons who are 17 years
of age or younger, is intended primarily for the use of pinball, video, or computer games and
contains at least three pinball or video machines or computers for gaming uses.
(Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.01)
Sec. 8.06.002 Offenses
For each person required to register on the state department of public safety’s sex offender
database (the “database”) because of a violation involving a victim who was a minor, it is
unlawful for that person to establish a permanent residence or temporary residence in the town
within 1,000 feet of any premises where children commonly gather, including a public or private
school, day care facility, public park, playground, public or private youth center, public
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swimming pool, or video arcade facility. For the purposes of this article, planted street medians
shall not be considered public parks. (Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code,
ch. 10, sec. 12.02)
Sec. 8.06.003 Evidentiary matters; measurements
(a) It shall be prima facie evidence that this article applies to a person if that person’s record,
or records pertaining to that person, appear on the database and the database indicates that the
victim was a minor.
(b) For the purposes of determining the minimum distance separation, the 1,000-foot
requirement shall be measured by following a straight line from the outer property line of the
permanent or temporary residence to the nearest property line of the premises where children
commonly gather, or, in the case of multiple residences on one property, measuring from the
nearest property line of the property where the multiple residences are situated to the nearest
property line of the premises where children commonly gather.
(c) A map depicting the prohibited areas identified pursuant to the terms of this article and as
approved by the town council shall be maintained by the town. The town shall review the map at
least annually for changes. The map will be available to the public at the town police department.
A copy of the approved map is incorporated into this article as section 8.06.007 of this article, and
such map may be amended from time to time through council approval.
(Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.03)
Sec. 8.06.004 Culpable mental state not required
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined by this article, and any offense shall be considered a strict liability offense. (Ordinance
2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.04)
Sec. 8.06.005 Defenses
It is an affirmative defense to the prosecution of an offense under this article that any of the
following conditions apply:
(1) The person required to register on the database established his/her permanent or
temporary residence in the town prior to the effective date of this article, and has
complied with all sex offender registration laws of the state.
(2) The person required to register on the database is a minor, or was a minor when
he/she committed the offense requiring such registration and was not convicted as an
adult.
(3) The premises where children commonly gather was opened or began to be used as
such after the person established the permanent or temporary residence, and the
person has complied with all sex offender registration laws of the state.
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(4) The information in the database pertaining to that person is incorrect and, if
corrected, this article would not apply to that person.
(Ordinance 2006-29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.05)
Sec. 8.06.006 Penalty
Any person violating the provisions of this article shall, upon conviction, be punished by a fine
not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day
such violation shall continue shall be deemed to constitute a separate offense. (Ordinance 2006-
29, sec. II, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.06)
Sec. 8.06.007 Safety zone map
(Ordinance 2006-29, ex. A, adopted 8/21/06; 2006 Code, ch. 10, sec. 12.07; Ordinance 2009-03,
sec. II, adopted 2/16/09)
ARTICLE 8.07 RESTRICTED SMOKING MATERIALS
Sec. 8.07.001 Definitions
Person. An individual or individuals, a sole proprietorship, a corporation, a partnership, a
wholesaler, a retailer, an association, or any other legal entity.
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Restricted smoking material. Any substance, however marketed or sold and regardless of product
name, which can reasonably be converted for smoking purposes, whether it is presented as
incense, tobacco, herbs, spices or any blend thereof, if it includes any of the following chemicals
or a comparable chemical:
(1) Salvia divinorum or salvinorin A; all parts of the plant presently classified
botanically as Salvia divinorum, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as
CP47,497) and homologues;
(3) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol);
(4) 1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(5) 1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
(6) 1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
Restricted smoking material paraphernalia. Any paraphernalia, equipment or utensil that is used
or intended to be used in ingesting or inhaling illegal smoking materials, including without
limitation the following:
(1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a
screen, permanent screen, hashish head, or punctured metal bowl;
(2) A water pipe;
(3) A carburetion tube or device;
(4) A smoking or carburetion mask;
(5) A chamber pipe;
(6) A carburetor pipe;
(7) An electric pipe;
(8) An air-driven pipe;
(9) A chillum;
(10) A bong; or
(11) An ice pipe or chiller.
(Ordinance 2010-29, sec. 2 (14.01), adopted 10/18/10)
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Sec. 8.07.002 Purpose; applicability
(a) The purpose of this article is to prohibit the possession, sale, use, or delivery of restricted
smoking materials within the town. Any form of delivery of a restricted smoking material,
including, without limitation, a gift of such restricted smoking material, shall constitute a
violation of this article.
(b) Restricted smoking material is currently being marketed under the following commercial
names: “K-2,” “K-2 Summit,” “K-2 Sex,” “Genie,” “Dascents,” “Zohai,” “Sage,” “Spice,” “KO
Knock-Out 2,” “Spice Gold,” “Spice Diamond,” “Yucatan Fire,” “Solar Flare,” “Pep Spice,”
“Fire N’ Ice,” and “Salvia Divinorum.” All such products are expressly designated as restricted
smoking materials.
(Ordinance 2010-29, sec. 2 (14.02), adopted 10/18/10)
Sec. 8.07.003 Sale, delivery, offer or gift prohibited
It shall be unlawful for a person to intentionally, knowingly, or recklessly sell, offer to sell,
deliver, or give any restricted smoking material to any person. (Ordinance 2010-29, sec. 2
(14.03), adopted 10/18/10)
Sec. 8.07.004 Use or possession prohibited
It shall be unlawful for any person to intentionally, knowingly, or recklessly possess or use
restricted smoking materials within the town. (Ordinance 2010-29, sec. 2 (14.04), adopted
10/18/10)
Sec. 8.07.005 Use or possession of restricted smoking paraphernalia
(a) It shall be unlawful for a person to intentionally, knowingly, or recklessly possess any
restricted smoking paraphernalia with the intent to use, to ingest, to inhale or to otherwise
consume such restricted smoking material.
(b) It shall be a violation of this article if a person intentionally, knowingly, or recklessly
possesses any restricted smoking paraphernalia and appropriate forensic testing identifies that a
trace or other amount of restricted smoking material is present on or in the restricted smoking
paraphernalia.
(Ordinance 2010-29, sec. 2 (14.05), adopted 10/18/10)
Sec. 8.07.006 Defenses
(a) It shall be a defense under this article if the possession, sale, use, or delivery of the
restricted smoking material is at the direction of or under a prescription issued by a licensed
physician or dentist authorized to prescribe controlled substances within the state.
(b) It shall be a defense under this article if a person charged with a violation provides proper
and complete historic documentation that the use of restricted smoking materials is part of a
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religious undertaking or activity of a religious denomination in which they have long-standing
historic membership supported by documentation from clergy or a spiritual leader recognized by
the state.
(Ordinance 2010-29, sec. 2 (14.06), adopted 10/18/10)
ARTICLE 8.08 ABANDONED OR JUNKED VEHICLES*
Division 1. Generally
Sec. 8.08.001 Definitions
For the purposes of this article, the following definitions apply, to wit:
Abandoned motor vehicle. A motor vehicle that is inoperable and more than five (5) years old and
left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that
has remained illegally on public property for a period of more than forty-eight (48) hours, or a
motor vehicle that has remained on private property without the consent of the owner or person in
control of the property for more than forty-eight (48) hours, or a motor vehicle left unattended on
the right-of-way of a designated county, state or federal highway within the town for more than
forty-eight (48) hours, or that is abandoned as otherwise defined in state law.
Antique auto. A passenger car or truck that is at least twenty-five (25) years old.
Collector. The owner of one or more antique or special-interest vehicles who collects, purchases,
acquires, trades or disposes of special interest or antique vehicles or parts of them for personal
use in order to restore, preserve and maintain an antique or special interest vehicle for historic
interest.
Garagekeeper. An owner or operator of a motor vehicle storage facility or establishment for the
servicing, repair or maintenance of a motor vehicle.
Junked motor vehicle. A vehicle that is self propelled and:
(1) Does not have lawfully attached to it:
(A) An unexpired license plate; and
(B) A valid motor vehicle inspection certificate; and
(2) Is:
(A) Wrecked, dismantled or partially dismantled, or discarded; or
* State law reference–Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation
Code, sec. 683.001 et seq.
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(B) Inoperable and has remained inoperable for more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public property;
or
(ii) Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle. A self-propelled vehicle, as defined by the Texas Transportation Code.
Police department. The police department of the town.
Special interest vehicle. A motor vehicle of any age that has not been altered or modified from
original manufacturer’s specifications and, because of its historic interest, is being preserved by
hobbyists.
Storage facility. A garage, parking lot, or any type of facility or establishment for the servicing,
repairing, storage or parking of motor vehicles.
Texas Transportation Code or Transportation Code. Any reference in this article to the Texas
Transportation Code or Transportation Code shall include future amendments and revisions to
that code.
Vehicle. A device that can be used to transport or draw persons or property on a highway, as
defined by the Texas Transportation Code.
(Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006
Code, ch. 8, sec. 4.01; Ordinance adopting Code)
Sec. 8.08.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not to exceed two hundred dollars ($200.00) for each offense, and a separate offense shall
be deemed committed each day during or on which a violation occurs or continues. (Ordinance
92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8,
sec. 4.05)
Sec. 8.08.003 Immediate removal of vehicles obstructing traffic
This article shall not affect any law authorizing the immediate removal, as an obstruction to
traffic, of a vehicle left on public property. (Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance
2006-25, sec. II, adopted 8/21/06; 2006 Code, ch. 8, sec. 4.04)
Secs. 8.08.004–8.08.030 Reserved
Division 2. Abandoned Vehicles
Sec. 8.08.031 Authority to take possession
The police department may take into custody an abandoned motor vehicle found on public or
private property. The police department may employ its own personnel, equipment and facilities,
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or, when specifically authorized by the town council, hire persons, equipment, and facilities, to
remove, preserve and store an abandoned motor vehicle it takes into custody. (2006 Code, ch. 8,
sec. 4.02(A). See end of this division for full history for this division.)
Sec. 8.08.032 Notice
(a) In the event the police department takes into custody an abandoned motor vehicle, it shall
notify not later than the tenth day after taking the motor vehicle into custody, by certified mail,
the last known registered owner of the motor vehicle and all lienholders of record pursuant to
section 683.012 of the Texas Transportation Code that the vehicle has been taken into custody.
The notices shall describe the year, make, model and vehicle identification number of the
abandoned motor vehicle, set forth the location on the facility where the motor vehicle, [sic] set
forth the location of the facility where the motor vehicle is being held, and inform the owner and
any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the
date of the notice on payment of all towing, preservation and storage charges resulting from
placing the vehicle in custody, or garagekeeper’s charges if applicable, or other applicable
delinquent administrative penalty costs. The notice shall also state that the failure to reclaim the
vehicle within the time provided constitutes a waiver by the owner and lienholders of all right,
title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a
public auction.
(b) If the identity of the last registered owner cannot be determined, if the registration contains
no address for the owner, or if it is impossible to determine with reasonable certainty the identity
and address of all lienholders, notice by one publication in one newspaper of general circulation
in the town is sufficient notice. The notice by publication may contain multiple listings of
abandoned vehicles, shall be published within the time requirements prescribed for notice by
certified mail, and shall have the same contents required for a notice by certified mail.
(2006 Code, ch. 8, sec. 4.02(B). See end of this division for full history for this division.)
Sec. 8.08.033 Storage fees
When the police department has taken custody of an abandoned motor vehicle, the town shall be
entitled to reasonable storage fees for:
(1) A period of not more than ten (10) days beginning on the day the department takes
custody and continuing through the day the department mails notice as provided by
this division; and
(2) A period beginning on the day after the department mails notice and continuing
through the day any accrued charges are paid and the vehicle is removed.
(2006 Code, ch. 8, sec. 4.02(C). See end of this division for full history for this division.)
Sec. 8.08.034 Sale at auction; use by police department
If an abandoned motor vehicle has not been reclaimed as provided, the police department may
sell the abandoned motor vehicle at a public auction or use the vehicle for agency purposes as
allowed by section 683.016 of the Texas Transportation Code. Such auction shall be held as
required by and in accordance with the provisions of section 683.014 of the Texas Transportation
Code. If the police department elects to use the vehicle, the lieutenant shall auction the vehicle in
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accordance with chapter 683 of the Transportation Code when the agency discontinues use of the
vehicle. (2006 Code, ch. 8, sec. 4.02(D)(1). See end of this division for full history for this
division.)
Sec. 8.08.035 Vehicles left in storage facilities
The disposition of abandoned motor vehicles left in storage facilities by garagekeepers shall be in
accordance with section 683.031 et seq. of the Texas Transportation Code. (2006 Code, ch. 8, sec.
4.02(D)(2). See end of this division for full history for this division.)
Sec. 8.08.036 Disposal to demolisher
The disposition of abandoned motor vehicles to a demolisher and the duties of a demolisher with
regard thereto shall be in accordance with section 683.051 et seq. of the Texas Transportation
Code. (2006 Code, ch. 8, sec. 4.02(D)(3). See end of this division for full history for this
division.)
(Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006
Code, ch. 8, sec. 4.02)
Secs. 8.08.037–8.08.060 Reserved
Division 3. Junked Vehicles
Sec. 8.08.061 Declaration of nuisance; penalty
(a) Vehicles visible from public street or right-of-way. A junked vehicle that is located in a
place where it is visible from a public street or public right-of-way is detrimental to the safety and
welfare of the general public, tends to reduce the value of private property, invites vandalism,
creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of
minors, and is detrimental to the economic welfare of the town by producing urban blight adverse
to the maintenance and continuing development of the town, and is a public nuisance.
(b) Vehicles visible only from private property. A junked vehicle that is located in a place
where it is visible only from private property is detrimental to the safety and welfare of the
general public, tends to reduce the value of private property, invites vandalism, creates fire
hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors,
and is detrimental to the economic welfare of the town by producing urban blight adverse to the
maintenance and continuing development of the town, and is a nuisance. The provisions of
section 8.08.063 relating to abatement of nuisances shall not be applicable to a junked vehicle
visible only from private property. For purposes of enforcement of this subsection (b), a
complaint may be filed in the municipal court of the town, and the town may pursue any remedy
it may have, whether at law or in equity, to ensure compliance with this article.
(c) Offenses. A person commits an offense if that person maintains such a public nuisance or
nuisance on property owned by him or under his control.
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(d) Penalty. A person who commits an offense under this section is, on conviction, subject to a
fine not to exceed two hundred dollars ($200.00). On conviction, the court shall order removal
and abatement of the nuisance.
(2006 Code, ch. 8, sec. 4.03(A). See end of this division for full history for this division.)
Sec. 8.08.062 Abatement notice
(a) Vehicles on private property. In the event a junked vehicle constituting a public nuisance is
found on private property, the town shall notify the last known registered owner of the junked
vehicle, each lienholder of record and the owner or occupant of the private property on which the
public nuisance exists, in writing, by certified mail with a five (5) day return requested, which
notice shall state the nature of the public nuisance, that such public nuisance must be removed
and abated from such private property within ten (10) days, and that a request for a hearing must
be made before expiration of the ten (10) day period. If the post office address of the last known
registered owner of the vehicle is unknown, notice to the last known registered owner may be
placed on the motor vehicle, or, if the last known registered owner is physically located, the
notice may be hand delivered. If the notice is returned undelivered by the United States post
office, official action to abate the nuisance shall be continued to a date not less than eleven (11)
days after the date of the return.
(b) Vehicles on public property. In the event a junked vehicle constituting a public nuisance is
found on public property, notice in writing must be mailed, by certified mail with a five (5) day
return requested, to the last known owner or occupant of the junked motor vehicle, to any
lienholder of record and to the owner or occupant of the public premises or to the owner or
occupant of the public premises [sic] or to the owner or occupant of the premises adjacent to the
public right-of-way on which the public nuisance exists, which shall state the nature of the public
nuisance on public property or on a public right-of-way, that the nuisance must be removed and
abated within ten (10) days, and that a request for a hearing must be made before expiration of the
ten (10) day period. If the post office address of the last known registered owner of the motor
vehicle is unknown, notice to the last known registered owner may be placed on the motor
vehicle, or, if the last known registered owner is physically located, the notice may be hand
delivered. If the notice is returned undelivered by the United States post office, official action to
abate the nuisance shall be continued to a date not less than eleven (11) days after the date of the
return.
(2006 Code, ch. 8, sec. 4.03(B). See end of this division for full history for this division.)
Sec. 8.08.063 Abatement procedures
(a) Public hearing.
(1) A public hearing shall be held before the municipal judge of the town before the
removal of a vehicle or vehicle part constituting a public nuisance if such a hearing is
requested by the owner or occupant of the private or public premises or by the owner
or occupant of the premises adjacent to the public right-of-way on which the vehicle
is located, within eleven (11) days after service of the notice to abate the nuisance. At
the hearing, it is presumed, unless demonstrated otherwise by the owner, that the
vehicle is inoperable. If, after such public hearing, the municipal judge determines
that the vehicle or vehicle part is a public nuisance as defined herein, he shall enter an
order requiring the removal of such vehicle or vehicle part and shall in such order
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include a description of the vehicle and the correct identification number and license
number of the vehicle if the information is available at the site.
(2) If such a public hearing is not requested, the municipal judge shall nevertheless
conduct a public [hearing] relative to the removal and abatement of the nuisance. If,
after such public hearing, the municipal judge determines that the vehicle or vehicle
part is a public nuisance as defined herein, he shall enter an order as outlined in
subsection (a)(1) of this section. In addition, the town may file a complaint in an
appropriate court seeking injunctive relief and/or any other legal remedy available to
it.
(b) Notice to state. In the event of removal of a junked vehicle as provided herein, notice shall
be given to the state department of transportation not later than the fifth (5th) day after the date of
removal. Such notice must identify the vehicle or vehicle part.
(c) Vehicles not to be made operable after removal. Any junked vehicle constituting a nuisance
hereunder which is removed from either private or public property shall not be reconstructed or
made operable after removal.
(d) Relocation of vehicle. The relocation of a junked vehicle that is a public nuisance to
another location within the town after a proceeding for abatement and/or removal has been
commenced shall have no effect if the junked vehicle constitutes a public nuisance at the new
location.
(2006 Code, ch. 8, sec. 4.03(C). See end of this division for full history for this division.)
Sec. 8.08.064 Exceptions
The procedures of this division shall not apply to a vehicle or vehicle part that is completely
enclosed within a building in a lawful manner where it is not visible from the street or other
public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on
private property in connection with the business of a licensed vehicle dealer or junkyard, or an
unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the
collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so that
they do not constitute a health hazard and are screened from ordinary public view by means of a
fence, rapidly growing trees, shrubbery, or other appropriate means. (2006 Code, ch. 8, sec.
4.03(D). See end of this division for full history for this division.)
Sec. 8.08.065 Authority to enforce
The chief of police, town building official, code enforcement officer or their respective designees
shall be and are hereby authorized to administer the terms of this article and such other persons
[sic] may enter private property for the purposes specified herein to examine a vehicle or vehicle
part, obtain information as to the identity of the vehicle, and remove or cause the removal of a
vehicle or vehicle part and shall be authorized to issue orders necessary to enforce the procedures
of this division. (2006 Code, ch. 8, sec. 4.03(E). See end of this division for full history for this
division.)
(Ordinance 92-14, sec. I, adopted 5/19/92; Ordinance 2006-25, sec. II, adopted 8/21/06; 2006
Code, ch. 8, sec. 4.03)
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ARTICLE 8.09 WEEDS, REFUSE OR OTHER OBJECTIONABLE MATTER*
Sec. 8.09.001 Prohibited conditions on private property
(a) It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or
any other entity recognized in law owning, leasing, claiming, occupying or having supervision or
control of any real property, occupied or unoccupied, improved or unimproved, within the
corporate limits of the town, to permit or allow:
(1) Grass or weeds to grow or brush to grow to accumulate to a height greater than
twelve (12) inches upon any such real property; or
(2) Any trash, rubbish or any other type of objectionable material or unsightly matter
(including, without way of limitation, stacks of old lumber, scrap materials,
demolished or partly demolished buildings or structures, piles of stones, bricks or
broken rock, or fence panels) to accumulate on such property, notwithstanding such
persons did not permit such accumulation upon such property.
(b) With respect to lots, tracts or parcels of land of two (2) or more acres under single
ownership, the provisions of this section shall be applicable to the entire lot, tract or parcel of
land; provided, however, that in the event any such lot, tract or parcel of land is regularly
cultivated, only that area of the lot, tract or parcel of land within one hundred feet (100') from any
adjacent property under different ownership and any adjacent or contiguous right-of-way, alley,
utility easement or other public right-of-way shall comply with terms of subsection (a) of this
section. Property lying more than one hundred feet (100') north of the north right-of-way line of
Marshall Creek Road shall not be subject to the requirements of subsection (a) of this section.
(Ordinance 87-05A, sec. I, adopted 5/7/96; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code,
ch. 8, sec. 3.01)
Sec. 8.09.002 Prohibited conditions in area between property line and street
It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or any other
entity recognized in law owning, leasing, claiming, occupying or having supervision or control of
any real property, occupied or unoccupied, improved or unimproved, within the corporate limits
of the town, to permit or allow:
(1) Grass or weeds to grow in or brush to accumulate along, upon or across the area
between the property line and the curb line of a street or alley, or, if there is no curb,
between the property line and the pavement of a street or alley or traveled way, to a
height greater than twelve inches (12"); or
(2) Any trash, rubbish or any other type of objectionable material or unsightly matter
(including, without way of limitation, stacks of old lumber, scrap materials,
demolished or partly demolished buildings or structures, piles of stones, bricks or
* State law reference–Local regulation of sanitation, V.T.C.A., Health and Safety Code, sec. 342.
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broken rock, or fence panels) to accumulate or to be present in, along, upon or across
the areas identified in subsection (1) of this section.
(Ordinance 87-05A, sec. I, adopted 5/7/96; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code,
ch. 8, sec. 3.02)
Sec. 8.09.003 Removal
It shall be the duty of any person, firm, corporation, partnership, sole proprietorship or other
entity recognized in law owning, leasing, claiming, occupying or having supervision or control of
any real property, occupied or unoccupied, improved or unimproved, within the corporate limits
of the town to cut or cause to be cut, and remove or cause to be removed, all such grass, weeds,
brush and other objectionable or unsightly matter as may be necessary to comply with this article.
(Ordinance 87-05, sec. 3, adopted 2/23/87; 2006 Code, ch. 8, sec. 3.03)
Sec. 8.09.004 Objectionable and unsightly vegetation defined
All vegetation not regularly cultivated and which exceeds twelve inches (12") in height shall be
presumed to be objectionable and unsightly, except that regularly cultivated crops will not be
allowed to grow within the right-of-way of any public street, alley, easement or other public
right-of-way but shall be kept mowed or cut back as provided above. (Ordinance 87-05, sec. 4,
adopted 2/23/87; 2006 Code, ch. 8, sec. 3.04)
Sec. 8.09.005 Notice of violation; performance of work by town
(a) In the event that any person, corporation, partnership, sole proprietorship or other entity
recognized in law owning, claiming, occupying or having supervision or control of any real
property, occupied or unoccupied, improved or unimproved, within the corporate limits of the
town fails to comply with the provisions of this article, the town may give at least ten (10) days’
notice in writing to such person of the violation of this article. Such notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner’s post office address or to the owner’s
address shown on the last approved tax rolls of the town; or
(3) If personal service cannot be obtained or the owner’s post office address is unknown:
(A) By publication at least twice within ten (10) consecutive days;
(B) By posting the notice on or near the front door of each building to which the
violation relates; or
(C) By posting the notice on a placard attached to a stake driven into the ground on
the property to which the violation relates, if the property contains no building.
(b) If the owner of property fails or refuses to comply with the provisions of this article within
ten (10) days of notice of a violation, the town may go upon such property and do so or cause to
be done the work necessary to obtain compliance with this article, and may pay for the work done
or improvements made and charge the expenses incurred in doing or having same done to the
owner of such property.
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(c) The town may, in the notice of a violation, inform the owner by certified mail, return
receipt requested, that if the owner of the property commits another violation of the same kind or
nature that poses a danger to the public health and safety on or before the first anniversary of the
date of the notice, the town without further notice may correct the violation at the owner’s
expense and assess the expense against the property.
(Ordinance 87-05, sec. 5, adopted 2/23/87; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code,
ch. 8, sec. 3.05)
Sec. 8.09.006 Assessment of town’s expenses
In addition to the administrative fee provided for under section A1.011 of the fee schedule in
appendix A of this code, the charges provided for in this article shall be levied, assessed and
collected by the town. In the event the owner of said premises upon which work was done and
charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days
after the first day of the month following the one in which the work was done, the mayor shall file
with the county clerk of Denton or Tarrant County a statement by the town secretary setting out
the expenses that the town has incurred pursuant to the provisions of this article, and the mayor
shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens
for street improvements, to secure the expense incurred, together with ten percent (10%) interest
from the date such payment was due. For any such expenditures and interest, as aforesaid, suit
may be instituted and foreclosure had in the name of the town, and the statement so made, as
aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any
such work or improvements. (2006 Code, ch. 8, sec. 3.06(A); Ordinance adopting Code. See end
of the next section for full history for this section.)
Sec. 8.09.007 Abatement of weeds without prior notice
(a) Authorized. The town shall abate, without notice, weeds that:
(1) Have grown higher than forty-eight inches (48"); and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) Notice required. Not later than the tenth day after the date the town abates weeds under this
section, the town shall give notice to the property owner in the manner required by section
8.09.005(a).
(c) Contents of notice. The notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations of this article that occurred on the property;
(3) A statement that the town abated the weeds; and
(4) An explanation of the property owner’s right to request an administrative hearing
about the town’s abatement of the weeds.
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(d) Right to hearing. The town manager or the manager’s designee shall conduct an
administrative hearing on the abatement of weeds under this section if, not later than the thirtieth
day after the date of the abatement of the weeds, the property owner files with the town a written
request for a hearing.
(e) Conduct of hearing. An administrative hearing conducted under this section shall be
conducted not later than the twentieth day after the date a request for a hearing is filed. The owner
may testify or present any witnesses or written information relating to the town’s abatement of
the weeds.
(f) Assessment of town’s expenses. The town may assess expenses and create liens under this
section as it assesses expenses and creates liens under other provisions of this article. A lien
created under this section is subject to the same conditions as a lien created under section
8.09.006.
(g) Authority additional. The authority of the town described by this section is in addition to
the authority granted by section 8.09.005.
(Ordinance 87-05, sec. 6, adopted 2/23/87; Ordinance 97-08, sec. I, adopted 3/18/97; 2006 Code,
ch. 8, sec. 3.06(B)–(H))
State law reference–Additional authority to abate dangerous weeds without notice, V.T.C.A., Health and
Safety Code, sec. 342.008.
Sec. 8.09.008 Requirements prior to filing of complaint or other legal action
Notwithstanding the provisions of section 8.09.005 of this article (notice of violation), the town
shall, prior to filing a complaint in the town municipal court or seeking injunctive or other legal
relief, be required to give only one (1) notice in writing to any person, corporation, partnership,
sole proprietorship or other entity recognized in law owning, claiming, occupying or having
supervision or control of any property, occupied or unoccupied, improved or unimproved, within
the corporate limits of the town, of a violation of this article. The notice may state in part that a
violation of this article has occurred, and that, if the violation is not abated within ten (10) days of
the date of the notice, a complaint will be filed in the town municipal court, and that, if future
violations occur, notice of the violation will not be given prior to a complaint being filed in the
town’s municipal court or other legal action being taken to abate the violation. (Ordinance 87-05,
sec. 7, adopted 2/23/87; 2006 Code, ch. 8, sec. 3.07)
Sec. 8.09.009 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction, an
amount not to exceed more than two thousand dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues. (Ordinance 87-
05, sec. 8, adopted 2/23/87; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006 Code, ch. 8, sec.
3.08)
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CHAPTER 9
PERSONNEL
ARTICLE 9.01 GENERAL PROVISIONS.................................................................................9-7
ARTICLE 9.02 RESPONSE TO EMERGENCY SITUATIONS................................................9-7
Sec. 9.02.001 Generally...............................................................................................9-7
Sec. 9.02.002 Emergency roadway access...................................................................9-7
ARTICLE 9.03 LEGAL DEFENSE AND INDEMNIFICATION..............................................9-7
Sec. 9.03.001 Purpose..................................................................................................9-7
Sec. 9.03.002 Definitions.............................................................................................9-7
Sec. 9.03.003 Right to indemnification........................................................................9-8
Sec. 9.03.004 Representation in actions.......................................................................9-8
Sec. 9.03.005 Town’s defenses....................................................................................9-9
Sec. 9.03.006 Notice requirement................................................................................9-9
Sec. 9.03.007 Disciplinary action.................................................................................9-9
Sec. 9.03.008 Suits by or on behalf of town................................................................9-9
Sec. 9.03.009 Exclusions.............................................................................................9-9
ARTICLE 9.04 TEXAS MUNICIPAL RETIREMENT SYSTEM...........................................9-10
Sec. 9.04.001 Ordinances on file................................................................................9-10
ARTICLE 9.05 POLICE............................................................................................................9-10
Division 1. Generally...............................................................................................................9-10
Sec. 9.05.001 Office of marshal abolished.................................................................9-10
Division 2. Police Department................................................................................................9-11
Sec. 9.05.031 Created.................................................................................................9-11
Sec. 9.05.032 Qualifications of officers.....................................................................9-11
Sec. 9.05.033 Chief of police.....................................................................................9-11
Sec. 9.05.034 Duties...................................................................................................9-11
Division 3. Police Reserve......................................................................................................9-12
Sec. 9.05.061 Creation...............................................................................................9-12
Sec. 9.05.062 Authority of chief of police.................................................................9-12
Sec. 9.05.063 Qualifications of members..................................................................9-12
Sec. 9.05.064 Duties...................................................................................................9-13
Sec. 9.05.065 Appointment of members; termination of membership......................9-13
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ARTICLE 9.01 GENERAL PROVISIONS*
(Reserved)
ARTICLE 9.02 RESPONSE TO EMERGENCY SITUATIONS
Sec. 9.02.001 Generally
Every officer, agent or employee of the town, while responding to emergency situations, is
hereby authorized to act in such a manner as to most effectively deal with the emergency. This
provision shall prevail over every other ordinance of the town and, to the extent to which the
town, the agent [or the employee] has the authority to so authorize, over any other law
establishing a standard of care in conflict with this section. Neither the town, the agent, nor the
employee shall be liable for any failure to use ordinary care in such emergency. (Ordinance 92-
15, sec. I, adopted 5/19/92; 2006 Code, ch. 10, sec. 7.1(A))
Sec. 9.02.002 Emergency roadway access
In the event that an emergency situation, man-made or natural, prevents emergency responders
from accessing any location in the town where their services are needed, authorized emergency
responders may take all necessary action, including but not limited to utilizing private streets,
drives, or other private property, to access a location(s) as they determine necessary to provide
emergency services. Emergency situations include all force majeure, including but not limited to
inclement weather, snow or ice accumulations, downed power lines or trees or other catastrophic
events. The town emergency management coordinator, or designee, is authorized to direct any
town employee, agent, or officer to utilize town services and assets to take all action necessary to
provide emergency services, including but not limited to removal of downed trees, power lines, or
other obstructions, sanding private roads or drives, or other actions as deemed necessary and
appropriate. (Ordinance 2011-23 adopted 6/20/11)
ARTICLE 9.03 LEGAL DEFENSE AND INDEMNIFICATION†
Sec. 9.03.001 Purpose
A necessity exists for the town’s provision of legal defense and indemnification of town officers
and employees. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.01)
Sec. 9.03.002 Definitions
Course and scope of employment with or service for the town. Any act or omission which is
performed while an officer or employee is carrying out official business of the town pursuant to
* Charter references–Interference by council in appointments or removals by town manager, section 3.13;
bonds for employees, section 3.18; administrative services, article IV; town manager, section 4.02 et seq.;
town secretary, section 4.07 et seq.; town attorney, section 4.14 et seq.; personal financial interest, section
4.17; accepting gifts, etc., section 4.18.
† Charter reference–Indemnification of officers, section 3.21.
State law reference–Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101.
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the direction of the town council or town manager, or pursuant to and in accordance with his or
her duties as an officer or employee of the town.
Officer or employee. A member of the town council, whether presently or formerly serving, and
his or her estate; a person appointed by the town council to any town position, including, without
limitation, a board, commission, committee or to a paid position, whether presently or formerly
serving, and his or her estate; and any other officer, volunteer, or employee of the town, whether
presently or formerly serving, and his or her estate.
(Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.02)
Sec. 9.03.003 Right to indemnification
(a) Except as specifically provided in this article, any officer or employee who is found and
finally adjudged to be liable for the payment of any claim for damages arising out of the course
and scope of employment with or service for the town shall be entitled to be indemnified for such
damages to the extent permitted by law, together with any reasonable and necessary legal
expenses incurred by such officer or employee in defending such claim, provided that the acts or
omissions resulting in such liability were done in good faith and without malicious or felonious
intent.
(b) For the purposes of this article, any act or omission which occurs during a period of time in
which the officer or employee is engaged in outside employment or outside personal or political
activities, or is rendering contractual services to someone other than the town, is not an act or
omission arising out of the course and scope of employment with or service for the town and
therefore shall not be covered by the indemnification provided by this article.
(c) Whether the acts were done in good faith, without malicious or felonious intent, and within
the course and scope of employment with or service for the town shall be determined by the town
council, and such determination shall be final for the purposes of the representation and
indemnity of this article; provided, however, that in the event such representation and indemnity
have been denied by the town, [and] upon a trial on the merits it is determined that the officer or
employee was acting in good faith, without malicious or felonious intent and within the scope of
employment with or service for the town, the indemnification hereunder shall be granted and
reasonable legal expenses incurred in the defense of the claim reimbursed. The town reserves the
right to assert any defense and make any settlement of any claim or suit that it deems expedient.
(d) Notwithstanding the foregoing, the town council shall have the authority to deny
indemnification provided under this article to any officer or employee who has failed to
successfully complete training required by state law, ordinance, town policy or town council
directive if the council determines that the suit or claim would not have arisen had the officer or
employee successfully completed the required training.
(Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.03)
Sec. 9.03.004 Representation in actions
The town shall have the right and duty to provide legal representation through the town attorney,
or in its discretion through the selection of outside legal counsel, to any officer or employee sued
in connection with any claim for damages, other civil action, or alleged violation of civil rights
with criminal sanctions, against such person arising out of the course and scope of employment
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with or service for the town, provided that such officer or employee may be entitled to
indemnification as set forth in this article. Such legal representation shall be provided at no cost
to the officer or employee, and any officer or employee may have his or her own counsel assist in
the defense at the sole expense of the officer or employee. The officer or employee shall
cooperate fully with the town in preparation and presentation of the case, and the failure to
cooperate shall waive such officer’s or employee’s right to representation and indemnity under
this section. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.04)
Sec. 9.03.005 Town’s defenses
Nothing in this article shall be construed as waiving the town’s defense of governmental
immunity to it or its officers or employees in any action brought against the town or such officer
or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity
provided by this article shall be limited to the statutory limits applicable to the town provided in
said act, as amended. The town shall not be liable for any settlement of any such claim or suit
effected without its consent. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec.
15.05)
Sec. 9.03.006 Notice requirement
The provisions of this article shall apply only where the town has been given notice of the action
or claim brought against any town officer or employee within ten (10) days of service of process
or notice of such claim upon the officer or employee. (Ordinance 2008-14, sec. II, adopted
5/19/08; 2006 Code, ch. 1, sec. 15.06)
Sec. 9.03.007 Disciplinary action
Nothing in this article shall prevent the town from taking disciplinary action against any officer or
employee for conduct defended or indemnified by the town under this article, either before or
after conclusion of the civil suit. (Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1,
sec. 15.07)
Sec. 9.03.008 Suits by or on behalf of town
Nothing in this article shall require the town to indemnify any officer or employee for recoveries
made against him or her in suits by or on behalf of the town. The town council may, however,
authorize the town attorney to represent any officer or employee in a suit brought by a taxpayer in
behalf of the town against the officer or employee. (Ordinance 2008-14, sec. II, adopted 5/19/08;
2006 Code, ch. 1, sec. 15.08)
Sec. 9.03.009 Exclusions
(a) Generally. This indemnity shall in no event apply to or cover damages awarded against an
employee:
(1) That arise from a cause of action for official misconduct;
(2) That arise from a cause of action involving a willful or wrongful act or omission or
an act or omission constituting gross negligence;
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(3) That arise out of the intentional or knowing violation of any penal statute or
ordinance;
(4) That arise out of any conduct determined by final judgment to be an act of fraud or to
have been taken with the intent to deceive or defraud;
(5) That arise out of any personal or private business of such officer or employee;
(6) For any willful or wrongful act or omission of such officer or employee; or
(7) For any criminal misconduct or any other damages expressly excluded by the town’s
charter, town ordinance, or state law.
(b) Insurance coverage. This indemnity shall in no event apply to or cover damages awarded
against an officer or employee to the extent that the damages are recoverable under an insurance
contract, insurance policy or self-insurance plan maintained by the town.
(c) Punitive or exemplary damages. This indemnity shall in no event apply to or cover punitive
or exemplary damages where such damages are not recoverable in law or equity against the town.
(Ordinance 2008-14, sec. II, adopted 5/19/08; 2006 Code, ch. 1, sec. 15.09)
ARTICLE 9.04 TEXAS MUNICIPAL RETIREMENT SYSTEM*
Sec. 9.04.001 Ordinances on file
State law pertaining to the Texas Municipal Retirement System codified as V.T.C.A.,
Government Code, chapter 851 et seq. is hereby adopted by reference. The specific ordinances
providing for participation in the Texas Municipal Retirement System, as adopted by the town,
are not included in this article, but they are hereby specifically saved from repeal and shall be
maintained on file in the office of the town secretary. (Ordinance adopting Code)
ARTICLE 9.05 POLICE†
Division 1. Generally
Sec. 9.05.001 Office of marshal abolished
The office of town marshal is hereby abolished, and the duties of such office are conferred on the
chief of police. (Ordinance 90-15, sec. VI, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.06)
Secs. 9.05.002–9.05.030 Reserved
* State law reference–Texas Municipal Retirement System generally, V.T.C.A., Government Code, ch.
851 et seq.
† State law references–Police force in home-rule municipality, V.T.C.A., Local Government Code, sec.
341.003; commission on law enforcement officer standards and education, V.T.C.A., Occupations Code,
ch. 1701.
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Division 2. Police Department
Sec. 9.05.031 Created
There is hereby created a police department of the town, at the head of which shall be the chief of
police. The police department shall be composed of the chief of the police department and other
employees pursuant to the adopted budget. (Ordinance 90-15, sec. I, adopted 10/24/90; 2006
Code, ch. 10, sec. 1.01; Ordinance adopting Code)
Sec. 9.05.032 Qualifications of officers
No person will be certified as a chief of police or police officer who has not complied with all
requirements established by the state for peace officers and by the town acting through the chief
of police. (Ordinance 90-15, sec. II, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.02)
Sec. 9.05.033 Chief of police
(a) Powers and duties. The chief of police shall be the chief law enforcement officer of the
town. He or she shall:
(1) Organize and administer the police department in conformity with the codes of the
town and the constitution and laws of the state and the United States;
(2) Have immediate direction and control of the police department, subject to the
supervision of the town manager;
(3) Consistent with policies and procedures established by the town manager, promulgate
all orders, rules and regulations for government of the police force;
(4) Appoint and discipline police officers and other employees of the police department,
who shall serve as at-will employees of the town;
(5) Have the same powers in the town as the sheriffs of Denton and Tarrant Counties for
the prevention and suppression of crime, the arrest of offenders, the execution of
arrest warrants, search warrants and other writs; and
(6) Perform such other duties as may be required by the town manager or designee.
(b) Employment at-will. The chief of police shall be an at-will employee of the town,
appointed by and shall serve at the pleasure of the town manager, which may terminate his or her
service at any time.
(Ordinance 90-15, sec. III, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.03; Ordinance adopting
Code)
Sec. 9.05.034 Duties
(a) The chief of police and all officers of the police department shall be and they are hereby
vested with all the power and authority given to them as peace officers under the laws of the state,
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federal law, and the codes and regulations of the town, and it shall be the duty of each such
officer:
(1) To use his or her best endeavors to prevent the commission within the town of
offenses against the laws of the state or the federal government, and against the codes
and regulations of the town;
(2) To observe and enforce all such laws, codes and regulations;
(3) To detect and arrest offenders against the same; and
(4) To preserve the public peace, health and safety.
(b) All police officers shall execute any criminal warrant, warrants of arrest, and any writ,
subpoenas or other process that may be placed in their hands by duly constituted authorities.
(Ordinance 90-15, sec. IV, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.04)
Secs. 9.05.035–9.05.060 Reserved
Division 3. Police Reserve*
Sec. 9.05.061 Creation
There is hereby created an auxiliary police force to be known as the police reserve. (Ordinance
90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec. 1.05(A))
Sec. 9.05.062 Authority of chief of police
The chief of police shall be the head of the police reserve, and the members of the reserve shall be
under the authority, control and command of the chief of police subject to all provisions of the
codes of the town and laws of this state. The chief of police may, by order, establish rules and
regulations to govern the police reserve force, to fix specific duties of its members and to provide
for the maintenance of discipline. He or she may change such orders from time to time, and may
command members of the police reserve force to obey the instructions of regular police officers
in carrying out their orders. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec.
1.05(B))
Sec. 9.05.063 Qualifications of members
Members of the police reserve shall comply with the standards as set forth by the state
commission on law enforcement officer standards and education prior to appointment. Additional
standards may be set by the chief of police. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006
Code, ch. 10, sec. 1.05(C))
* State law reference–Authority to provide for police reserve force, V.T.C.A., Local Government Code,
sec. 341.012.
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Sec. 9.05.064 Duties
The duties of the police reserve force, subject at all times to the direction, supervision and control
of the chief of police, shall be to assist the regular members of the police department in the
enforcement of law and maintenance of peace and order during periods of emergencies
designated by the chief of police. All members of the police reserve force shall be subject to all
rules, policies and regulations governing the conduct and operations of regular police officers.
The chief of police may prescribe other duties than those mentioned herein to be performed by
the police reserve force. (Ordinance 90-15, sec. V, adopted 10/24/90; 2006 Code, ch. 10, sec.
1.05(D))
Sec. 9.05.065 Appointment of members; termination of membership
Members of the police reserve shall be appointed by the chief of police, to serve at his or her
discretion, and any member may resign from the police reserve at any time, but it shall be his or
her duty to notify the chief of police of his or her resignation. (Ordinance 90-15, sec. V, adopted
10/24/90; 2006 Code, ch. 10, sec. 1.05(E))
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CHAPTER 10
SUBDIVISION REGULATION
ARTICLE 10.01 GENERAL PROVISIONS.............................................................................10-7
ARTICLE 10.02 SUBDIVISION ORDINANCE......................................................................10-7
Division 1. Generally...............................................................................................................10-7
Sec. 10.02.001 Title.....................................................................................................10-7
Sec. 10.02.002 Authority.............................................................................................10-7
Sec. 10.02.003 Purpose................................................................................................10-7
Sec. 10.02.004 Conditions...........................................................................................10-8
Sec. 10.02.005 Jurisdiction..........................................................................................10-8
Sec. 10.02.006 Consistency with plans and ordinances...............................................10-8
Sec. 10.02.007 Special provisions................................................................................10-9
Sec. 10.02.008 Interpretation; conflict.........................................................................10-9
Sec. 10.02.009 Amendments......................................................................................10-10
Sec. 10.02.010 Penalty...............................................................................................10-10
Division 2. Definitions..........................................................................................................10-10
Sec. 10.02.031 Generally...........................................................................................10-10
Sec. 10.02.032 Definitions.........................................................................................10-10
Division 3. General Plat Submittal Requirements.................................................................10-17
Sec. 10.02.061 Requirements to plat..........................................................................10-17
Sec. 10.02.062 Preliminary conference......................................................................10-18
Sec. 10.02.063 Plat submittal.....................................................................................10-18
Sec. 10.02.064 Approval procedure–Overview.........................................................10-18
Sec. 10.02.065 Criteria for plat approval...................................................................10-19
Sec. 10.02.066 Staff review of plat application.........................................................10-20
Sec. 10.02.067 Preliminary plats................................................................................10-20
Sec. 10.02.068 Final plats..........................................................................................10-24
Sec. 10.02.069 Vacation instrument, replatting and amended plats...........................10-28
Sec. 10.02.070 Short form plats.................................................................................10-31
Sec. 10.02.071 Dedication.........................................................................................10-33
Sec. 10.02.072 Provision of utility service.................................................................10-33
Sec. 10.02.073 Undergrounding of utilities...............................................................10-34
Division 4. Improvements Generally.....................................................................................10-35
Sec. 10.02.101 Responsibility for construction..........................................................10-35
Sec. 10.02.102 Prior approval of engineering designs...............................................10-35
Sec. 10.02.103 Inspections.........................................................................................10-35
Sec. 10.02.104 As-built plans....................................................................................10-36
Sec. 10.02.105 Engineer’s certificate.........................................................................10-36
Division 5. Specifications for Improvements........................................................................10-36
Sec. 10.02.131 Generally...........................................................................................10-36
Sec. 10.02.132 Blocks................................................................................................10-37
Sec. 10.02.133 Lots....................................................................................................10-37
Sec. 10.02.134 Streets................................................................................................10-37
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Sec. 10.02.135 Sidewalks and extra-width paths.......................................................10-42
Sec. 10.02.136 Storm drainage..................................................................................10-43
Sec. 10.02.137 Water, sewer and fire.........................................................................10-43
Sec. 10.02.138 Utility easements...............................................................................10-43
Sec. 10.02.139 Monuments........................................................................................10-44
Sec. 10.02.140 Natural tree and ground cover...........................................................10-44
Division 6. Enforcement........................................................................................................10-45
Sec. 10.02.171 Generally...........................................................................................10-45
Sec. 10.02.172 Penalty for violators of regulations...................................................10-45
Sec. 10.02.173 Town attorney’s authority.................................................................10-45
Sec. 10.02.174 Waivers to subdivision regulations....................................................10-45
Division 7. Developer’s Agreement, Financial Assurance and Construction Contracts for
Public Improvements.........................................................................................................10-47
Sec. 10.02.201 Procedures.........................................................................................10-47
Sec. 10.02.202 Performance bonds, payment bonds, maintenance bonds and
financial assurances.........................................................................10-47
Sec. 10.02.203 Inspections and approval of public improvements............................10-49
Sec. 10.02.204 Deferral or waiver of required improvements...................................10-49
Sec. 10.02.205 General construction requirements....................................................10-50
Sec. 10.02.206 Approval of work..............................................................................10-50
Sec. 10.02.207 Ownership and maintenance of completed public facilities..............10-50
Sec. 10.02.208 Refund to developer from future connection to sanitary sewer
system..............................................................................................10-50
Division 8. Tree Preservation and Removal..........................................................................10-51
Sec. 10.02.241 Definitions.........................................................................................10-51
Sec. 10.02.242 Parks and recreation board to serve as tree board.............................10-52
Sec. 10.02.243 Tree preservation...............................................................................10-53
Sec. 10.02.244 Information assistance.......................................................................10-55
Sec. 10.02.245 Protected trees...................................................................................10-55
Sec. 10.02.246 Specimen trees...................................................................................10-57
Sec. 10.02.247 Majestic or historic trees...................................................................10-58
Sec. 10.02.248 Tree removal and replacement..........................................................10-58
Sec. 10.02.249 Tree protection measures...................................................................10-63
Sec. 10.02.250 Tree permits.......................................................................................10-64
Sec. 10.02.251 Land-disturbing activities..................................................................10-67
Sec. 10.02.252 Appeals..............................................................................................10-70
ARTICLE 10.03 PARKLAND DEDICATION AND OPEN SPACE.....................................10-70
Sec. 10.03.001 Purpose..............................................................................................10-70
Sec. 10.03.002 Dedication procedures.......................................................................10-71
Sec. 10.03.003 Money in lieu of land........................................................................10-71
Sec. 10.03.004 Additional requirements....................................................................10-72
Sec. 10.03.005 Credit for conveyance of floodplains................................................10-73
Sec. 10.03.006 Minimum park improvements...........................................................10-73
Sec. 10.03.007 Appeals..............................................................................................10-73
Sec. 10.03.008 Biennial review of ordinance.............................................................10-73
Sec. 10.03.009 Dedication or payment required prior to beginning development.....10-73
Sec. 10.03.010 Dedication or payment required prior to issuance of building
permits or provision of utility service..............................................10-74
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Sec. 10.03.011 Increase in proposed number of dwelling units.................................10-74
Sec. 10.03.012 Penalty...............................................................................................10-74
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ARTICLE 10.01 GENERAL PROVISIONS*
(Reserved)
ARTICLE 10.02 SUBDIVISION ORDINANCE†
Division 1. Generally
Sec. 10.02.001 Title
This article shall be known and cited as “The Town of Trophy Club Subdivision Regulations.”
References herein to “regulations” or “subdivision regulations” shall mean the Town of Trophy
Club Subdivision Regulations. (Ordinance 98-08, sec. 1.1, adopted 4/21/98; Ordinance 2001-21,
sec. 1.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.01)
Sec. 10.02.002 Authority
This article is adopted pursuant to the authority of the constitution and laws of the State of Texas,
as promulgated by chapter 212 of the Texas Local Government Code, as heretofore, or hereafter
amended. (Ordinance 98-08, sec. 1.2, adopted 4/21/98; Ordinance 2001-21, sec. 1.2, adopted
9/17/01; 2006 Code, ch. 12, sec. 1.02)
Sec. 10.02.003 Purpose
In order to achieve orderly, efficient and environmentally sound subdivision of land, the town
must be provided with appropriate guidelines and development management mechanisms. These
subdivision regulations, in conjunction with any other land use control tool as now or hereafter
may be adopted by the town, provide those guidelines and mechanisms. With this in mind, it is
the nature, intent, and stated purpose of these subdivision regulations to:
(1) Protect and provide for the public health, safety, and general welfare of the
community and the safe, orderly and healthful development of the municipality.
(2) Guide the future growth and development of the community, in accordance with the
comprehensive land use plan and adopted development policies.
* Charter reference–Municipal planning and zoning, article VIII; powers relating to subdivision
regulation, section 8.02; planning and zoning commission, section 8.03 et seq.
† Editor’s note–This article consists of the subdivision ordinance previously published as chapter 12 in the
2006 Code of Ordinances, derived from Ordinance 2001-21, adopted September 17, 2001, as amended.
Section numbers, style, capitalization and formatting have been changed to be consistent with the
remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The
term “Town of Trophy Club” has been changed to “town.” Changes in the names of state agencies have
been incorporated without notation. Obviously misspelled words have been corrected without notation.
Except for these changes, such ordinance is printed herein as published in the 2006 Code. Any other
material added for purposes of clarification is enclosed in brackets.
State law references–Regulation of subdivision and property development, V.T.C.A., Local Government
Code, ch. 212; extension of subdivision rules to extraterritorial jurisdiction, V.T.C.A., Local Government
Code, sec. 212.003; recording of plats, V.T.C.A., Property Code, sec. 12.002.
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(3) Guide public and private development in order to ensure orderly layout and use of
land, and to ensure adequate transportation, utilities, parks and other public
requirements and facilities.
(4) Provide for open spaces, and prevent overcrowding of land, undue congestion of
populations and congestions of streets.
(5) Establish reasonable standards of design and procedures for the subdivision of land in
order to further the orderly layout and use of land.
(6) Ensure that public improvements are available and have sufficient capacity to serve
the proposed subdivision.
(7) Preserve the natural beauty and topography of the town and to ensure appropriate
development with regard to trees and other natural features.
(8) Provide for open spaces through the most efficient design and layout of land.
(9) Protect and preserve the character and value of land throughout the town and the
value of buildings and improvements upon the land.
(Ordinance 98-08, sec. 1.3, adopted 4/21/98; Ordinance 2001-21, sec. 1.3, adopted 9/17/01; 2006
Code, ch. 12, sec. 1.03)
Sec. 10.02.004 Conditions
Regulation of the subdivision of land and the attachment of reasonable conditions to land
subdivision is an exercise of valid police power delegated by the state to the town. The developer
and/or subdivider has the duty of compliance with reasonable conditions laid down by the town
planning and zoning commission for design, dedication, improvement, and restrictive use of the
land so as to conform to the physical and economic development of the town and to the safety and
general welfare of the future land owners in the subdivision and of the community at large.
(Ordinance 98-08, sec. 1.4, adopted 4/21/98; Ordinance 2001-21, sec. 1.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 1.04)
Sec. 10.02.005 Jurisdiction
From and after the date of its adoption, this code shall govern all subdivision of land within the
corporate limits of the town and to the extent of the town’s extraterritorial jurisdiction, as
provided by law. (Ordinance 98-08, sec. 1.5, adopted 4/21/98; Ordinance 2001-21, sec. 1.5,
adopted 9/17/01; 2006 Code, ch. 12, sec. 1.05)
State law references–Extraterritorial jurisdiction of municipalities in counties that regulate subdivisions,
V.T.C.A., Local Government Code, sec. 242.001; extension of subdivision rules to extraterritorial
jurisdiction, V.T.C.A., Local Government Code, sec. 212.003.
Sec. 10.02.006 Consistency with plans and ordinances
It is the intent of the town council that these subdivision regulations shall be consistent with the
adopted comprehensive land use plan, comprehensive zoning ordinance, and any supplemental
land use and community development policies that may be adopted by the town council. No plat
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or subdivision of land within the town or outside the town boundaries as provided by law shall be
approved unless it conforms to such plans, policies, and codes. (Ordinance 98-08, sec. 1.6,
adopted 4/21/98; Ordinance 2001-21, sec. 1.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.06)
Sec. 10.02.007 Special provisions
(a) Provision of streets or public utility services. The town shall not repair, maintain, install, or
provide any streets or allow the provision of public utility services in any subdivision for which a
final plat has not been approved and filed of record, nor in which the standards contained herein
or referred to herein have not been complied with in full.
(b) Sale and supply of utility services. The town shall not permit the sale, supply or approval of
any utility service within a subdivision for which a final plat has not been approved and filed of
record, nor in which the standards contained herein or referred to herein have not been complied
with in full.
(c) Permits. The provisions of this section shall not be construed to prohibit the issuance of
permits for any lots upon which a building exists and was in existence prior to the passage of the
subdivision regulations of the town, adopted June 8, 1987, nor to prohibit the repair, maintenance,
or installation of any street by the town or public utility services by the town, by those subject to
the right-of-way ordinance or by those holding a valid franchise thereunder, for, to or abutting
any lot, the last recorded conveyance of which was by metes and bounds prior to June 8, 1987,
and/or any subdivision, or lot therein, recorded, which subdivision was recorded and in existence
prior to June 8, 1987.
(Ordinance 98-08, sec. 1.7, adopted 4/21/98; Ordinance 2001-21, sec. 1.7, adopted 9/17/01; 2006
Code, ch. 12, sec. 1.07)
Sec. 10.02.008 Interpretation; conflict
(a) The interpretation and application of the provisions of these regulations shall be held to be
the minimum requirements for the promotion of the public health, safety, and general welfare.
(b) Conflict with public and private provisions.
(1) Public provisions. These regulations are not intended to interfere with, abrogate, or
annul any other ordinance, rule or regulation, statute, or other provision of law,
except as expressly repealed by this article. Where any provision of these regulations
imposes restrictions different from those imposed by any other ordinance, rule or
regulation, or other provision of law, the provision that is more restrictive or imposes
a higher standard shall control.
(2) Private provisions. These regulations are not intended to abrogate any easement,
covenant, or any other private agreement or restriction, provided that where the
provisions of these regulations are more restrictive or impose higher standards or
regulations than such easement, covenant, or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions of the
easement, covenant, or other private agreement or restriction impose duties and
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obligations more restrictive or higher standards than the requirements of these
regulations, then such private provisions shall control.
(Ordinance 98-08, sec. 1.8, adopted 4/21/98; Ordinance 2001-21, sec. 1.8, adopted 9/17/01; 2006
Code, ch. 12, sec. 1.08)
Sec. 10.02.009 Amendments
For the purpose of protecting the public health, safety, and general welfare, the town council may
from time to time amend the provisions imposed by these subdivision regulations. Amendments
shall be made in accordance with the requirements of applicable law. (Ordinance 98-08, sec. 1.9,
adopted 4/21/98; Ordinance 2001-21, sec. 1.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.09)
Sec. 10.02.010 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues. (Ordinance 2006-40, sec. II, adopted 10/2/06; Ordinance 2009-04, sec. II, adopted
2/16/09; 2006 Code, ch. 12, sec. 8.13)
Secs. 10.02.011–10.02.030 Reserved
Division 2. Definitions
Sec. 10.02.031 Generally
For the purposes of these regulations, the following terms, phrases, words, and their derivations
shall have the meaning ascribed to them in this division. Any office referred to in these
regulations by title means the person employed or appointed by the town in that position, or
his/her duly authorized representative. (Ordinance 98-08, sec. 2.1, adopted 4/21/98; Ordinance
2001-21, sec. 2.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 2.01)
Sec. 10.02.032 Definitions
Those words or phrases not expressly prescribed herein are to be defined in accordance with the
comprehensive zoning ordinance or other applicable codes of the town, or in the absence of such
codes, then in accordance with customary usage in municipal planning and engineering practices.
Acreage, gross. The total acreage of a subdivision, including areas dedicated to the public use
such as streets and alley rights-of-way.
Acreage, net. The total acreage of a subdivision less those areas indicated to public use such as
street and alley rights-of-way. Easements, however, shall be included in net acreage calculations.
Alley. A public or private way permanently reserved as a secondary means of access to abutting
property.
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Block. A tract of land bounded by streets, or by a combination of streets and public parks,
cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
If such term is used as a measurement, it shall mean the distance along the side of a street
between the nearest two streets which enter such street on the side where the land is located.
Bond or security. An instrument wherein the principal (developer or his authorized agent) and
surety company bind themselves to perform all covenants, conditions and agreements by the
principal to the town, which meets the requirements of these regulations, and which is provided in
a form satisfactory to the town. The term includes any form of security including a cash deposit,
surety bond, collateral, property, irrevocable letter of credit or other instrument of credit wherein
the principal (developer or his authorized agent) [and] surety company or third party guarantor,
individually or collectively, bind themselves to perform or to guarantee the performance of all
covenants, conditions and agreements by the principal to the town in an amount and form
sufficient to cover the improvements for which the developer or his agent are obligated under
these regulations.
Building setback line. A line defining an area on the building lot between the street right-of-way
line or property line and the building line within which no building shall be constructed, encroach
or project except as specifically authorized in an adopted ordinance of the town.
(1) Front building setback line. A line parallel to the street right-of-way line which the
building faces, and from which it takes its primary access.
(2) Side building setback line. A line parallel to the property line with an adjacent lot or
street right-of-way on a corner lot, which sides up to the building.
(3) Rear building setback line. A line parallel to an adjacent lot line, alley, or street right-
of-way line in the case of double frontage lots, which the building backs up to and
from which it has its rear or secondary access.
Commission. The planning and zoning commission of the town.
Comprehensive land use plan. A plan for the development of the town adopted by the council,
and including any part of such plan separately adopted and any amendment to such plan, or parts
thereof.
Concept plan. The first or introductory plan of a proposed subdivision, in such case where the
developer intends to develop and record only an individual portion of said subdivision, and which
exhibits the proposed successive order of development of the balance of the subdivision, and is
not subject to approval but is submitted only as an item of reference.
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Construction plans. The drawings and technical specifications including bid documents and
contract conditions, where applicable, providing a graphic and written description of the character
and scope of the work to be performed in construction of a subdivision.
Court. An uncovered area surrounded by walls or buildings.
Cul-de-sac. A short, minor street having but one outlet to another street and terminating on the
opposite end by an appropriate vehicular turnaround.
Dead-end street. A street, other than a cul-de-sac, with only one outlet.
Dedication. A gift or donation of property by the owner to the town.
Density. The number of dwelling units per gross acre of subdivision, excluding any areas that are
nonresidential in use.
Developer. An individual, partnership, corporation, or governmental entity undertaking the
subdivision or improvement of land and other activities covered by these regulations, including
the preparation of a subdivision plat showing the layout of the land and the public improvements
involved therein. The term “developer” is intended to include the term “subdivider” even though
personnel in successive stages of a project may vary.
Development. The construction of one or more new buildings or structures on one or more
building lots, the moving of an existing building to another lot, or the use of open land for a new
use. “To develop” shall mean to create development.
Easement. An interest, usually site specific, in land granted to the town, or other governmental
entity, to the public generally, and/or to a privately owned utility corporation or entity.
Engineer. A person duly authorized under the provisions of the Texas Engineering Registration
Act, as heretofore or hereafter amended, to practice the profession of engineering.
Extraterritorial jurisdiction. The unincorporated area, not a part of any other city, which is
contiguous to the corporate limits of the town, the outer limits of which are measured from the
extremities of the corporate limits of the town outward for such distances as stipulated in chapter
212 of the Texas Local Government Code, as amended, based upon the total population of the
incorporated town.
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Floodplain. Any and all land area adjoining the channel of a river, stream, lake, watercourse,
marshy area, or other drainage element, which has been or may be inundated by stormwater
runoff. The extent of the floodplain shall be determined by the crest of a flood having an average
frequency of occurrence of once in one hundred years, as established by the Federal Insurance
Administration.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood, as defined by the Corps of Engineers or FEMA,
without cumulatively increasing the water surface elevation more than one foot.
Lot. An undivided tract or parcel of land having frontage on a public street or an approved open
space having direct street access and which is, or in the future may be, offered for sale,
conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and
which is identified by a tract, or lot number, or symbol in a duly approved subdivision plat which
has been properly filed of record.
(1) Lot depth. The length of a line connecting the midpoints of the front and rear lot
lines.
(2) Lot width. The average distance between the side lot lines, which is normally that
distance measured along a straight line connecting the midpoint of the two side lot
lines.
(3) Lot, double frontage or through. Any lot, not a corner lot, with frontage on two
streets which are parallel to each other or within forty-five degrees of being parallel
to each other.
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(4) Lot frontage. The length of street frontage between property lines.
(5) Lot, interior. Any lot that is not located on a corner of an intersection but is included
as a lot in a grouping of lots on a platted residential block.
(6) Lot, corner. Any lot located on a platted block such that it has two intersecting streets
as a front and side boundary of the lot and the rear lot line shares the rear lot line of
an abutting lot.
(7) Lot, reverse corner. Any lot located on a platted block such that it has two
intersecting streets a front and side boundary of the lot and the rear lot line shares the
side lot line of an abutting lot.
(8) Lot, cul-de-sac. Any lot located on a cul-de-sac.
(9) Lot, irregular. Any lot not having equal front and rear lot lines, or equal side lot
lines; a lot, the opposite lot lines of which may vary in dimension and the corners of
which have an angle of either more or less than ninety degrees.
MUD. A municipal utility district or any special law district operating pursuant to, in whole or in
part, according to chapter 54 Texas Water Code.
Open space. All land, other than public parks, designated for the recreational enjoyment and/or
natural beauty of the area.
Park. Land dedicated to, or purchased by, the town for the purpose of providing public
recreational and/or open areas, in compliance with the comprehensive land use plan.
Pavement width. The portion of a street available for vehicular traffic; where curbs are laid, it is
the portion between the face of curbs.
Person. Any individual, association, firm, corporation, governmental agency, or political
subdivision.
Planned development. A subdivision that consists of commercial and/or residential land uses,
public land uses, and common open space and recreational areas, adequate to service the needs of
the tract when fully developed and populated, which is to be developed as a single entity, under
unified control. In tracts within a single zoning district, the planned development designation
allows for flexibility in the subdivision while preserving the overall density.
Plat. A map, drawing, chart, or plan showing the exact layout and proposed construction of a
proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites,
drainageways, easements, alleys, and/or any other elements as required by these regulations, and
which a subdivider shall submit for approval in accordance with these regulations.
Plat, amended. A minor change of an existing subdivision to a lot line or setback contained
within. No new lots are created, existing lots are not combined and the size of any one lot is not
substantially increased or decreased.
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Plat, final. A plat which has been submitted and approved in preliminary form, has been
corrected by the applicant, has conformed to all of the provisions of these regulations, has been
submitted for final approval of the planning and zoning commission and town council, and which
meets all other requirements of state law or other laws of the town.
Plat, preliminary. A preliminary submission, by the subdivider to the town, of the maps,
drawings, charts and other materials on which the subdivider’s plan is presented.
Preliminary approval. Approval expressed by the town as to the arrangement and approximate
size of streets, alleys, parks, reserves, easements, blocks, and lots indicated on a preliminary plat.
Public hearing. A meeting or workshop, held by the planning and zoning commission, zoning
board of adjustment, or town council which contains a portion which is designated as a public
hearing.
Public meeting or workshop. Any meeting or workshop held by the planning and zoning
commission, zoning board of adjustment, or town council at which a special workshop or regular
business is conducted and for which appropriate notification has been posted as required by state
law. A public meeting or workshop may contain a public hearing as defined above.
Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public
street, alley, crosswalk, sidewalk, drainageway or other public way.
Qualified professional. An individual who is affiliated with a profession that provides the services
required by the provisions of the subdivision regulations and is recognized through the
certification, registration, or licensing procedure of their profession as being qualified to perform
the required efforts.
Replat. A plat vacating an existing subdivision in lieu of a new pattern of development; the
subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create
one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern
of lots and blocks.
Reserve strip. A privately owned strip of land, normally one foot in depth, adjacent to a public
right-of-way or easement preventing the extension of said right-of-way or easement without the
expressed consent of the owner.
Shall/may. The word “shall” is always mandatory, while the word “may” is merely permissive.
Sidewalk. A paved pedestrian way generally located within public street right-of-way, but outside
of the roadway, and built in accordance with town specifications.
Street. A public right-of-way which provides primary vehicular access to adjacent land, whether
designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard,
road, place, drive, or however otherwise designated.
(1) Street, primary collector. A street which primarily carries traffic from local or
secondary collector streets to major thoroughfares and highways, providing traffic
circulation throughout the entire town.
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(2) Street, secondary collector. A street which primarily carries traffic from local streets
to primary collector streets, providing traffic circulation within the neighborhood.
(3) Street, local. A street which is used primarily for access to abutting residential
property and circulation of traffic within residential neighborhoods. It is of a width
and design to discourage through traffic, thereby protecting the residential area.
(4) Street, private or service drive. A vehicular accessway under private ownership and
maintenance, which has not been dedicated to the town and accepted by the town.
Structure. That which is built or constructed, an edifice or building of any kind, or any piece of
work built up or composed of parts joined together in some definite manner.
Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to
constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be
restricted to include only the owner, equity owner, or authorized agent of such owner or equity
owner, of land to be subdivided.
Subdivision. Any land, vacant or improved, which is divided into two (2) or more parts, blocks,
lots, parcels, units, plots, sites or interests for the purpose of offer, sale, lease, or development,
either on the installment plan or upon any and all other plans, terms, and conditions, including
resubdivision of such land part of a previously recorded subdivision.
Surveyor. A licensed state land surveyor or a registered public surveyor as authorized by the state
statutes to practice the profession of surveying.
Thoroughfare plan. A street plan which is part of the comprehensive land use plan.
Town. The Town of Trophy Club, Denton/Tarrant County, Texas.
Town design standards. As referred to in these regulations, shall mean “Subdivision Regulations
and Design Standards for Paving, Drainage, and Utility Improvements” as amended, together
with all tables, drawings, and other attachments hereafter approved by the council, and those
standards so approved shall become a part of these regulations.
Town engineer. The duly authorized person in charge of engineering for the town, or his/her
designated representative.
Town planning administrator. The duly authorized employee or representative of the town in
charge of the planning function for the town and charged with implementation and enforcement
of the subdivision, zoning and other growth-related codes.
Trails. Hiking and biking pathways generally located on land dedicated for public use and/or
located on land to be considered open space.
Utility company. A company providing a public service such as the provision of gas, electricity,
cable television, telephone, etc.
Vacation. To cancel, rescind, or render an act that has the effect of voiding a subdivision plat as
recorded in the county clerk’s office.
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Waiver. An action by the town, upon recommendation by the planning and zoning commission,
which provides relief from these regulations to the degree determined by the town in the action.
Wastewater service. The collection of waste-bearing water that requires treatment prior to its
return to nature, and the system of pipes and equipment used to collect and transmit this water to
treatment facilities; also called sanitary sewer service.
Water system, public. A system designed for the distribution and treatment of potable water that
is wholly owned and operated by the Trophy Club Municipal Utility District, its successors and
assigns, or other governmental entity authorized and empowered to own and operate such a
system.
Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or
portion of a structure from the general ground level of the graded lot upward; provided however
that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
are not deemed to be obstructions if height limitations and requirements limiting obstruction of
visibility are observed.
(Ordinance 98-08, sec. 2.2, adopted 4/21/98; Ordinance 2001-21, sec. 2.2, adopted 9/17/01; 2006
Code, ch. 12, sec. 2.02; Ordinance adopting Code)
Secs. 10.02.033–10.02.060 Reserved
Division 3. General Plat Submittal Requirements
Sec. 10.02.061 Requirements to plat
(a) Division of property.
(1) Every owner of any tract of land located within the corporate limit or extraterritorial
jurisdiction of the town who divides the tract into two or more parts as provided in
chapter 212 of the Local Government Code shall cause a plat to be made by a
registered public surveyor which shall accurately describe all the tracts by previously
platted lot or block number or by metes and bounds if necessary and locate same as
required by this article. All platted lots shall meet the minimum frontage required by
the town’s zoning ordinance onto an improved street meeting the right-of-way and
pavement requirements of the town’s thoroughfare plan. No plat may be recorded, no
lot may be sold and no transfer of title to any part of such tract of land shall be made
until a plat, accurately describing the property to be conveyed, is approved in
accordance with these provisions and filed in the plat records of the county where the
real property is located.
(2) Plats required for compliance. Except as otherwise specifically provided herein; in
the event that an owner of property makes or causes a subdivision of land, he/she
shall cause a preliminary plat to be approved prior to submitting a final plat for
approval by the town and recording of the plat in the plat records of the county where
the real property is located.
(3) Plat required for building permit. No development, building, repair, plumbing, or
electrical permit shall be issued by the town for any structure on a lot in a subdivision
for which a final plat has not been approved and filed of record at the Denton or
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Tarrant County courthouse as required by law, nor for any structure on a lot within a
subdivision in which the standards contained herein have not been complied with in
full.
(b) Combination of lots. Any person desirous of combining two or more contiguous and
previously platted lots into one single lot for the purpose of removing interior lot lines shall
submit a “replat” thereof; obtain approval from the town council; and have same filed of record in
the plat records of the county where the real property is located.
(Ordinance 98-08, sec. 3.1, adopted 4/21/98; Ordinance 2001-21, sec. 3.1, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.01; Ordinance adopting Code)
State law reference–Plat required, V.T.C.A., Local Government Code, sec. 212.004.
Sec. 10.02.062 Preliminary conference
Prior to the official filing of a preliminary plat, the subdivider, his/her planner, engineer, or
representative shall consult with and present a concept plan of the subdivision to the town
planning and zoning administrator and other appropriate authorized town representatives as
determined by the town, for comments and advice on the procedures, specifications, and
standards required by the town for the subdivision of land. (Ordinance 98-08, sec. 3.2, adopted
4/21/98; Ordinance 2001-21, sec. 3.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.02)
Sec. 10.02.063 Plat submittal
(a) Generally. All plats to be considered for approval under these regulations shall be
submitted to the town planning and zoning administrator along with a completed application and
fees, and must be in accordance with all regulation requirements. No plat shall be formally
accepted for review by the town until it fulfills all of the requirements of this division.
(b) Scale and sheet size. All plats shall be drawn to a scale of one inch (1") = one hundred feet
(100'), unless permission is obtained prior to submittal from the town planning and zoning
administrator for a larger or smaller scale. All sheet sizes shall be twenty-four inches by thirty-six
inches (24" x 36") and shall be computer generated or drawn in ink on a reproducible film
material.
(c) Filing of the plat. One (1) mylar and five (5) blue-line copies of the final plat, at a size of
eighteen inches by twenty-four inches (18" x 24") in addition to one (1) mylar at a size of eleven
inches by seventeen inches (11" x 17"), shall be provided to the town to be filed with the county
by the town. Said eighteen inches by twenty-four inches (18" x 24") plat may be drawn at 1" =
200'.
(Ordinance 98-08, sec. 3.3, adopted 4/21/98; Ordinance 2001-21, sec. 3.3, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.03)
Sec. 10.02.064 Approval procedure–Overview
(a) Plats are to be submitted for the approval of the town in accordance with the provisions
stated herein. Approval by the town is a two-step process requiring submission to and approval by
the planning and zoning commission and then submission to and approval by the town council.
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(b) A plat may be submitted but shall not be considered as being filed with the town until it has
been determined to be administratively complete. An application for plat approval shall be
considered administratively complete when town staff determines that it meets all requirements of
applicable town codes so that it may be reviewed by the planning and zoning commission, has
been placed on the agenda for the commission, and the agenda has been posted as required by
law. An incomplete application shall not be considered “filed” with the town as defined in this
article, but shall be returned to the applicant for completion and resubmittal.
(c) The planning and zoning commission shall act on an administratively complete application
for plat approval within thirty (30) days after the plat is filed with the town in accordance with
subsection (b) above. The plat shall be deemed approved unless it is disapproved within that
thirty (30) day period. The town council shall act on the plat within thirty (30) days after the date
the plat is approved by the planning and zoning commission or is considered approved by the
inaction of the commission. A plat shall be deemed approved by the town council unless it is
disapproved within that period.
(d) If a plat is approved, the town shall endorse the plat with the appropriate certificates
indicating the approval. The certificate must be signed by the mayor, the commission’s presiding
officer and attested by the town secretary.
(e) If the town fails to act within the prescribed thirty (30) day period, then upon request, the
town shall issue a certificate stating the date the plat was filed with the town and that the town
failed to act on the plat within the period.
(f) The town shall maintain a record of each application made to the town and the town’s
action taken on it. On request of an owner of an affected tract, the town shall certify the reasons
for the action taken on an application.
(Ordinance 98-08, sec. 3.4, adopted 4/21/98; Ordinance 2001-21, sec. 3.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.04)
State law reference–Approval procedure, V.T.C.A., Local Government Code, sec. 212.009.
Sec. 10.02.065 Criteria for plat approval
The town shall approve a plat if it conforms to:
(1) The general plan, rules and codes of the town and its current and future streets,
alleys, parks, playgrounds, and public utility facilities;
(2) The general plan, rules and codes for the extension of the town and its roads, streets,
and public highways within the town and in its extraterritorial jurisdiction, taking into
account access to the extension of sewer and water mains and the instrumentalities of
public utilities;
(3) All requirements of the town’s subdivision regulations and all rules adopted pursuant
to those regulations or the town’s zoning ordinance;
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(4) An approved preliminary plat.
(Ordinance 98-08, sec. 3.5, adopted 4/21/98; Ordinance 2001-21, sec. 3.5, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.05)
State law reference–Standards for approval, V.T.C.A., Local Government Code, sec. 212.010.
Sec. 10.02.066 Staff review of plat application
(a) Duties of the staff. Upon the complete submission of the documents and materials required
for the preparation of preliminary plats, final plats, replats, and amended plats the town planning
and zoning administrator or other town official responsible for review and/or processing of the
plat shall:
(1) Review the plat for completeness, noticing application of generally accepted
engineering and planning design principles and standards. In the case of a final plat,
the planning and zoning administrator shall review the final plat for compliance with
the approved preliminary plat and requirements of these regulations.
(2) Distribute the plat to the following authorities for review: town engineer and planner,
department of public safety officials, department of public works officials, Trophy
Club Municipal Utility District, and other authorities when appropriate.
(3) Summarize or compile the recommendations of the reviewing authorities and prepare
a report to be presented to the planning and zoning commission.
(Ordinance 98-08, sec. 3.6, adopted 4/21/98; Ordinance 2001-21, sec. 3.6, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.06)
Sec. 10.02.067 Preliminary plats
(a) Preliminary plat required. A preliminary plat shall be required for all parcels of land on
which the filing of a plat is required by state law or town regulations and codes. An exception
shall be allowed in the event:
(1) A preliminary plat has been submitted within the last six (6) months; or
(2) Platting is being submitted in accordance with section 10.02.070, Short Form Plat.
(b) Criteria. The preliminary plat shall meet all the criteria of preliminary plat submission as
required in regulations and codes of the town and procedures as listed in these regulations.
(c) Preparation. The preliminary plat shall be prepared by a qualified professional.
(d) Public meetings. A preliminary plat does not require a public hearing. However, action on
the preliminary plat, by the planning and zoning commission and the town council, is required at
a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the
meeting.
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(e) The preliminary plat shall contain the following information:
(1) Names and addresses of the subdivider, record owner, land planner, engineer,
surveyor, or qualified professional.
(2) Proposed name of subdivision.
(3) Names and lot patterns of contiguous platted subdivisions within one hundred feet
(100') of the subdivision.
(4) Vicinity map showing street location of tract by reference to existing street or
highways.
(5) Subdivision boundary lines, indicated by heavy lines, and the approximate area
expressed in acres.
(6) Location of town limit lines, if they either traverse the subdivision, form part of the
subdivision, or are contiguous to the subdivision boundary.
(7) Dimensions, names and descriptions of all existing or recorded streets, alleys,
reservations, easements or other public rights-of-way within the subdivision,
intersecting or contiguous with its boundaries or forming such boundaries, as
determined from existing records. The distance from the centerline of the roadway of
the boundary street to the proposed platted property shall also be shown.
(8) The locations, dimensions, names and descriptions of all existing or recorded lots and
blocks, parks, public area and permanent structures within or contiguous to the
subdivision.
(9) The locations, sizes, and descriptions of existing and proposed utilities (above and/or
below grade), within the subdivision or adjacent thereto.
(10) The approximate location, dimensions, descriptions and names of all existing and
proposed streets, alleys, drainage structures, parks, open spaces, natural features to be
preserved, improvements to be installed for beautification, other public areas;
reservations, easements, or other rights-of-way; blocks, lots and other sites within the
subdivision specifically indicating the connection of improvements in adjacent
subdivisions.
(11) Identification and location of proposed uses within the subdivision to include tracts
intended for residential, commercial, churches, parks, governmental or other uses and
also indicating existing and proposed zoning classifications for each use.
(12) Topographical information based on 2-foot vertical contour intervals except where
excessively steep grade prohibits graphical representation, in which case 5-foot
vertical intervals may be used.
(13) Centerline of watercourses, creeks and ravines, existing drainage structures and other
pertinent data shall be shown.
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(14) Areas subject to flooding shall be shown, delineating the 100-year flood limits if
applicable.
(15) A drainage study shall be required to provide the information as recorded in town
design guidelines.
(16) A number to identify each lot and a number or letter to identify each block; an
indication of the typical lot size; the area of the smallest lot.
(17) Building setback lines on all lots and sites adjacent to streets.
(18) Title, date of preparation, scale and north arrow.
(19) Current description of the property to be subdivided which includes survey name and
tract numbers from town or county records.
(20) Such additional terms and conditions including design standards as the planning and
zoning commission and town council deems necessary.
(f) Action by the planning and zoning commission. The decision of the planning and zoning
commission shall be approval, disapproval, or conditional approval of the preliminary plat.
(1) Approval shall constitute acceptance of the preliminary plat.
(2) Conditional approval of the preliminary plat shall constitute approval; however,
conditional approval means that the plat is subject to compliance with prescribed
conditions as specified by the planning and zoning commission and shall effectively
constitute disapproval until all such conditions are met. Conditionally approved
preliminary plats need not be addressed by the planning and zoning commission
again. The conditions attached to the preliminary plat shall be met upon filing of the
final plat.
(3) Upon disapproval of the preliminary plat by the town planning and zoning
commission, the preliminary plat shall be deemed completely rejected as submitted.
The applicant may then choose to reinitiate the subdivision approval procedure,
including all fees required in the process.
(4) Upon the approval of the preliminary plat by the town planning and zoning
commission, the preliminary plat shall be submitted to the town council for
consideration.
(g) Action by the town council. The decision of the town council shall be approval or
disapproval of the preliminary plat. A three-fourths (3/4) vote of the members of the council
present and voting shall be required to overturn a unanimous decision of the planning and zoning
commission. In all other instances, a majority vote of the council shall be required.
(1) Approval of a preliminary plat shall not constitute acceptance of the subdivision, but
is only authorization to proceed with the preparations of engineering plans and final
plat. Approval of the preliminary plat shall be subject to all conditions specified by
the planning and zoning commission either being complied with or documented and
approved by the town council.
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(2) Disapproval signifies rejection completely of the preliminary plat as submitted. The
applicant may then choose to reinitiate the subdivision approval procedure, including
all fees required in the process.
(h) Deadline and submitted material. The applicant shall, when filing the preliminary plat,
submit twelve (12) copies of the preliminary plat measuring a minimum of 18 inches by 24 inches
to the town planning and zoning administrator at least twenty-one (21) days prior to the planning
and zoning commission meeting at which it is to be addressed.
(1) The applicant shall, when filing the preliminary plat, submit an eight and one-half
inches by eleven inches (8-1/2" x 11") reproducible reduction of all maps included in
the submittal material.
(2) The applicant shall, when filing the preliminary plat, submit a completed application
and pay all fees required for preliminary platting as specified in subsection (j) of this
section (preliminary plat review fee).
(3) Upon action of the planning and zoning commission, the applicant shall submit
twelve (12) copies of the preliminary plat to the town planning and zoning
administrator within five (5) days following the planning and zoning commission
meeting at which action was taken. These copies will then be forwarded to the town
council for review.
(4) Failure to submit the material and pay all fees as required herein, as determined by
the town planning and zoning administrator, shall constitute an incomplete submittal
and the application shall not be accepted by the town for filing or processing.
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(i) Preliminary plat review fee. A preliminary plat review fee, in accordance with the schedule
of fees as adopted by the town, shall be paid the town upon submission of a preliminary plat
application. A schedule of these fees is available upon request at the town offices and is provided
with the application for preliminary plat.
(j) Effective period.
(1) The approval of a preliminary plat shall be effective for a period of twelve (12)
months. In the event that the final platting process has not been initiated by the
developer within twelve (12) months from the date of approval of the preliminary
plat, the preliminary plat shall require reapproval. The entire approval process
including payment of fees will be required.
(2) The applicant may receive one (1) extension of the preliminary plat. Upon written
request by the owner at least thirty (30) days prior to the end of the one (1) year
period, the preliminary plat shall be placed on the planning and zoning commission
agenda for consideration for extension.
(Ordinance 98-08, sec. 3.7, adopted 4/21/98; Ordinance 2001-21, sec. 3.7, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.07; Ordinance adopting Code)
Sec. 10.02.068 Final plats
(a) Order of platting. After obtaining approval of a preliminary plat and compliance with all
necessary fiscal agreements, including all fees and/or other assessments, the applicant may submit
a final plat. The final plat shall be accompanied by a completed application and shall be in
accordance with all requirements of this article.
(b) Preparation. The final plat may be prepared by a qualified professional but must be certified
by a registered public land surveyor by the State of Texas.
(c) Public meetings. A final plat does not require a public hearing. However, action on the final
plat, by the planning and zoning commission and the town council, is required at a public
meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting.
(d) Final plat information. The final plat shall contain the following information shown on the
drawing or attached thereto as appropriate:
(1) Title or name of development, written and graphic scale, north point, date of plat and
key map.
(2) Location of the development by town, county, and state.
(3) Accurate boundary survey and property description with tract boundary lines
indicated by heavy lines.
(4) A metes and bounds description of the subdivision, and locate the same with respect
to a corner of the survey or tract or an original corner of the original survey of which
it is a part.
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(5) Accurate plat dimensions with all engineering information necessary to reproduce the
plat on the ground.
(6) Approved name and right-of-way width of each street, both within and adjacent to
the development.
(7) Locations, dimensions and purposes of any easements or other rights-of-way and all
building lines.
(8) Identifications of each lot or site and block by number or letter.
(9) Record owners of contiguous parcels of unsubdivided land, names and lot patterns of
contiguous subdivisions within one hundred (100) feet of the subdivision.
(10) Boundary lines, dimensions and descriptions of open spaces to be dedicated for
public use.
(11) Certification of dedication of all streets, alleys, parks and other public uses signed by
the owner or owners.
(12) Designation of the entity responsible for the operation and maintenance of any
commonly held property and a waiver releasing the town of such responsibility. A
statement that “should the entity responsible for maintenance of common held
property fail to perform the function, the town has the authority to provide
appropriate maintenance and repair and collect appropriate fees and
reimbursements.”
(13) Dimensions and locations of all streets, alleys, squares, parks or other portions of the
subdivision intended to be dedicated to public use.
(14) Space for signatures attesting approval of the plat by the mayor, the planning and
zoning commission’s presiding officer, and town secretary.
(15) Seal and signature of the registered public land surveyor responsible for surveying
the development and/or the preparation of the plat.
(16) Compliance with all special requirements developed in preliminary plat review.
(17) A statement indicating that the town or the MUD, as applicable, shall issue no permit
until the completion of all dedicated improvements and acceptance of such
improvements associated with the subdivision are approved by the town.
(18) Space provided for signatures of electric company, gas company, cable company,
phone company, Trophy Club MUD, or any other public utility entity. Stating that
said utility has reviewed the final plat and is in agreement with the location of all
easements and rights-of-way shown on the plat.
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(e) At least seven (7) days prior to the submission of a final plat application with the town, the
subdivider shall submit to the town planning and zoning administrator three (3) copies of
engineering plans prepared, signed and sealed by a registered professional engineer. The
subdivider shall also be responsible for submitting the engineering plans to the town engineer for
his/her review and recommendation. These plans shall make adequate provision for all surface
and storm drainage within and across the subdivision; shall provide for the construction of a
water distribution system, including fire hydrants, adequate to serve the subdivision with water
with adequate pressure for fire protection, domestic consumption and/or light commercial use
together with such mains as may be required to connect with the existing system; shall provide
for a sanitary sewer system adequate to serve each lot or building site within the subdivision and
shall provide for the construction of such other improvements as may be required. These plans
shall be in accordance with provisions of this article and all other codes, policies, and procedures
of the town as related in the design standards for paving, drainage and utility improvements. The
subdivider shall pay the full cost of all public improvements.
(f) Action by the planning and zoning commission. The decision of the planning and zoning
commission shall be either approval or disapproval of the final plat.
(1) Approval shall constitute acceptance of the final plat.
(2) Upon disapproval of the final plat by the town planning and zoning commission, the
final plat shall be deemed completely rejected as submitted. The applicant may then
choose to reinitiate the subdivision approval procedure, including all fees required in
the process.
(g) Upon the approval of the final plat by the town planning and zoning commission, the
preliminary or final plat shall be submitted to the town council for consideration.
(h) Action by the town council. The decision of the town council shall be approval or
disapproval of the final plat. A three-fourths vote of the members of the council present and
voting shall be required to overturn a unanimous decision of the planning and zoning
commission. In all other instances, a majority vote of the council shall be required.
(1) Approval of a final plat shall not constitute acceptance of the subdivision, but is only
authorization to proceed with the engineering construction associated with the
subdivision.
(2) Disapproval signifies complete rejection of the final plat as submitted. The applicant
may then choose to initiate the subdivision approval procedure again, including all
fees required in the process.
(3) Table with waiver. In the event that the town and/or the applicant should desire that
action on the final plat should be extended to a subsequent meeting that would be
beyond the “30 day” period for action, said table may occur in the event that the
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applicant has provided written documentation waiving their right for action within
the thirty (30) day time limitation.
(i) Deadlines and submitted materials–Final plat.
(1) The applicant shall, when filing the final plat with the town, submit twelve (12)
copies of the final plat measuring 18 inches by 24 inches (18" x 24") to the town
planning and zoning administrator at least fourteen (14) days prior to the planning
and zoning commission meeting at which it is to be addressed.
(2) At least seven (7) days prior to the submission of the final plat, the subdivider shall
submit, to the town planning and zoning administrator, three (3) copies of
engineering plans prepared, signed and sealed by a registered professional engineer.
The subdivider shall also be responsible for submitting the engineering plans to the
town engineer for his/her review and recommendation.
(3) The applicant shall, when filing the final plat with the town, submit an eight and one-
half by eleven inches (8-1/2" x 11") reproducible reduction of the final plat.
(4) The applicant shall, when filing the final plat with the town, also submit the
completed application and pay all fees required for final platting in accordance with
the schedule of fees adopted by the town.
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(5) Upon action of the planning and zoning commission, the applicant shall submit
twelve (12) copies of the final plat to the town planning and zoning administrator
within five (5) days following the planning and zoning commission meeting at which
action was taken. These copies will then be forwarded to the town council for review.
(6) Failure to submit the material as described above, as determined by the town
planning and zoning administrator, shall constitute an incomplete submittal and shall
cause the application to not be accepted for filing or processing.
(j) Final plat review fee. A final plat review fee, in accordance with the schedule of fees as
adopted by the town, shall be provided at the time the final plat application is submitted. A
schedule of these fees is available upon request at the town offices and is provided with the
application for final plat.
(k) Tax certificates. The final plat must have the tax certificates from all taxing entities
submitted to the town before the plat can be filed.
(l) Filing. The final plat shall be filed of record by the town in the plat records of the county
where the real property is located after the town council has officially acted upon the final plat,
bonds/securities have been submitted and approved by the town and all developer agreements or
subdivision agreements have been executed by all involved parties and accepted by the town.
Filing fees for recording the final plat shall be paid by the subdivider. The applicant shall submit
one mylar and five (5) blue-line copies of the final plat, at a size of 18 inches x 24 inches, in
addition to one (1) mylar at a size of eleven inches by seventeen inches (11" x 17"), to the town to
be filed with the county.
(Ordinance 98-08, sec. 3.8, adopted 4/21/98; Ordinance 2001-21, sec. 3.8, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.08)
Sec. 10.02.069 Vacation instrument, replatting and amended plats
(a) Vacation of plat.
(1) Prior to the sale of any lot. The proprietors of the tract covered by a plat may vacate
the plat at any time before any lot in the plat is sold. The plat is vacated when a
signed, acknowledged instrument declaring the plat vacated is approved and recorded
in the manner prescribed for the original plat.
(2) After the sale of any lot. If lots in the plat have been sold, the plat, or any part of the
plat, may be vacated on the application of all the owners of lots in the plat with
approval obtained in the manner prescribed for the original plat.
(3) The county clerk shall write legibly on the vacated plat the word “Vacated” and shall
enter on the plat a reference to the volume and page at which the vacating instrument
is recorded.
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(4) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
(b) Replatting without vacating preceding plat. A replat of a plat or a resubdivision of a plat,
but without vacation of the immediate previous plat, shall be authorized to be recorded and shall
be deemed valid and controlling when approved by the town planning and zoning commission
and town council under the following conditions:
(1) It has been signed and acknowledged by all of the owners of the particular property
that is being replatted;
(2) It has been approved by the town planning and zoning commission and town council
after a public hearing in relation thereto at which parties in interest and citizens shall
have an opportunity to be heard;
(3) It does not attempt to alter, amend or remove any covenants or restrictions; and
(4) There is compliance, when applicable, with subsections (c) and (d) of this section.
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(c) Additional requirements for replatting without vacating previous plat. If any of the
proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years,
limited by any interim or permanent zoning classification to residential use for not more than two
residential units per lot, or if any lot in the immediate previous subdivision was limited by deed
restriction to residential use for not more than two residential units per lot, the following
additional requirements for approval shall apply, in any resubdivision or replatting of a
subdivision, without vacating the immediate previous plat.
(1) Notice of such town planning and zoning commission and town council hearing shall
be given in advance in the following manner:
(A) Publication at least fifteen (15) days in advance of hearing being published in
the official town newspaper of general circulation; and
(B) Written notice, with a copy of subsection (2) of this subsection attached
thereto, of such public hearing forwarded by the town to the owners (as the
ownerships appear on the most recently approved ad valorem tax roll of the
town) of property in the original subdivision; such notice may be served by
depositing the same, properly addressed and postage paid, in a post office or
postal depository within the boundaries of the town.
(2) If the proposed replat is protested in accordance with this subsection, the proposed
replat must receive, in order to be approved, the affirmative vote of at least three-
fourths (3/4) of all members of the planning and zoning commission and town
council. For a legal protest, written instruments signed by the owners of at least
twenty percent (20%) of the area of the lots or land immediately adjoining the area
covered by the proposed replat and extending two hundred feet (200') from that area,
but within the original subdivision, must be filed with the planning and zoning
commission and town council prior to the close of the public hearing.
(3) Compliance with subsections (2) and (3) is not required for approval of a replat of
part of a preceding plat if the area to be replatted was designated or reserved for a use
other than single or duplex family residential use by notation on the last legally
recorded plat; or in the legally recorded restrictions applicable to the plat.
(d) Amended plat. The town council is authorized to issue an amended plat which is signed by
the applicants only and which is for one or more of the purposes set forth below. Approval and
issuance of such an amended plat shall not require notice, hearing, or approval of other lot owners
if the sole purpose of the amending plat is:
(1) To correct an error in any course or distance shown on the prior plat;
(2) To add any course or distance that was omitted on the prior plat;
(3) To correct an error in the description of the real property shown on the prior plat;
(4) To indicate monuments set after death, disability, or retirement from practice of the
engineer or surveyor charged with responsibilities for setting monuments;
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(5) To show the proper location or character of any monument which has been changed
in location or character or which originally was shown at the wrong location or
incorrectly as to its character on the prior plat;
(6) To correct any other type of scrivener or clerical error or omission as previously
approved by the planning and zoning commission or governing body of the town;
such errors and omissions may include, but are not limited to, lot numbers, acreage,
street names, and identification of adjacent recorded plats;
(7) To correct an error in courses and distances of lot lines between two (2) adjacent lots
where both lot owners join in the application for plat amendment and neither lot is
abolished, provided that such amendment does not attempt to remove recorded
covenants or restrictions and does not have materially adverse effect on the property
rights of the other owners in the plat;
(8) To relocate a lot line in order to cure an inadvertent encroachment of a building or
improvement on a lot line or on an easement; or
(9) To relocate one (1) or more lot lines between one or more adjacent lots where the
owner or owners of all such lots join in the application for the plat amendment,
provided that such amendment does not:
(A) Attempt to remove recorded covenants or restrictions; or
(B) Increase the number of lots; or
(10) To make necessary changes to the prior plat to create six (6) or fewer lots in the
subdivision or a part of the subdivision covered by the prior plat if:
(A) The changes do not affect applicable zoning and other regulations of the town;
(B) The changes do not attempt to amend or remove any covenants or restrictions;
and
(C) The area covered by the changes is located in the area that the town planning
and zoning commission or town council has approved, after a public hearing,
as a residential improvement area.
(Ordinance 98-08, sec. 3.9, adopted 4/21/98; Ordinance 2001-21, sec. 3.9, adopted 9/17/01; 2006
Code, ch. 12, sec. 3.09; Ordinance adopting Code)
State law references–Vacating plat, V.T.C.A., Local Government Code, sec. 212.013; replatting without
vacating preceding plat, V.T.C.A., Local Government Code, sec. 212.014; additional requirements for
certain replats, V.T.C.A., Local Government Code, sec. 212.015; amending plat, V.T.C.A., Local
Government Code, sec. 212.016.
Sec. 10.02.070 Short form plats
(a) Conditions and requirements. A preliminary plat, preliminary plat approval, or detailed
utility drawings will not be required for a short form plat. A short form procedure may be
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followed for the approval of a subdivision when the land proposed to be subdivided or
resubdivided meets the following conditions and requirements:
(1) The resulting lots conform to all minimum size requirements of these regulations and
the comprehensive zoning ordinance.
(2) The proposed subdivision shall not exceed a maximum of four (4) lots.
(3) Such lots abut an existing street and do not require the creation of any new street or
the addition or extension of municipal facilities in order to meet the requirements of
these regulations, unless otherwise required by the town.
(4) The perimeter of the tract being subdivided has been surveyed and marked on the
ground, a plat thereof prepared and submitted to the town planning and zoning
administrator, and the nearest corner of each lot or parcel of such proposed
subdivision is within two hundred feet of a known corner which is adequately marked
by a concrete monument or iron stake.
(5) The topography of the tract and the surrounding lands is such that no regard need be
given in such subdivision to drainage, and drainage facilities are not required.
(6) The utilities, as required in these regulations, are in place to serve each parcel or lot
of such subdivision or resubdivision, or the installation of utilities will be a minor
job, the necessary easements exist already and arrangements to provide such utilities
have been made.
(7) The uses proposed for the property will not require rezoning of any portion of the
property, and the resulting lots conform to all area and setback requirements of these
regulations and the zoning ordinance of the town.
(b) Formal application. Formal application for a short form plat approval, shall be made by the
subdivider in writing to the planning and zoning commission and submitted to the town planning
and zoning administrator at least twenty-four (24) days prior to the regularly scheduled meeting
of the planning and zoning commission of which it is requested to be heard.
(c) Submission. The subdivider shall submit three (3) blue-line copies of the plat, and one copy
reduced to eight and one-half inches by eleven inches (8-1/2" x 11") with the town planning and
zoning administrator at least fourteen (14) days prior to the date at which the planning and zoning
commission will consider the request. The short form plat shall be submitted in final form,
meeting the form and content requirements of a final plat.
(d) Area map. Such plat shall be accompanied by three copies of an area map at a scale
adequate to view the areas surrounding the proposed subdivision, and an 8-1/2 inches x 11 inches
reduction of the area map and showing all existing subdivisions, streets, easements, rights-of-
way, parks, and public facilities in the vicinity including approximate locations and sizes of
utilities. The area map shall also indicate the general drainage plan and the ultimate destination of
the stormwater, and the direction of flow of the drainage and wastewater systems.
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(e) Processing.
(1) The subdivider shall submit the plat in accordance with the fee schedule as required
for a final plat in section 10.02.068(j).
(2) The town planning and zoning administrator shall process the plat and ensure that it
is checked for conformance to town codes and regulations.
(3) The town planning and zoning administrator shall forward a copy of all submitted
material to the planning and zoning commission with any comments or
recommendations of the town staff, town engineer/planner, department of public
safety, the department of public works, Trophy Club Municipal Utility District, and
other authorities when appropriate; and subsequently to the town council for
approval.
(4) Contents of the plat shall consist of those items required of a final plat as listed in
section 10.02.068(d).
(5) Procedures regarding action of the town are as listed in section 10.02.068.
(Ordinance 98-08, sec. 3.10, adopted 4/21/98; Ordinance 2001-21, sec. 3.10, adopted 9/17/01;
2006 Code, ch. 12, sec. 3.10)
Sec. 10.02.071 Dedication
(a) Division of property. Every owner of property to be divided, for which a plat has been
submitted for approval, shall be required to dedicate to the town that portion of such property as
is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other
public purposes, and such dedication requirements, as imposed, shall be a prerequisite to final
plat approval. At the time of such dedication, all liens for delinquent taxes on such dedicated
property shall be removed.
(b) Amended plats.
(1) No dedication for streets, utilities or other public purposes may be required as a
prerequisite to approval of a plat combining two or more existing platted lots for the
purpose of removing interior lot lines, or for the purpose of correction of error as
permitted in section 10.02.069(d).
(2) No dedication of right-of-way or easements except for the provision of utilities may
be required as a prerequisite to approval of a plat revision submitted for the purpose
of moving an interior lot line.
(Ordinance 98-08, sec. 3.11, adopted 4/21/98; Ordinance 2001-21, sec. 3.11, adopted 9/17/01;
2006 Code, ch. 12, sec. 3.11)
Sec. 10.02.072 Provision of utility service
A city, city officials, town-owned or town-operated utility, or public utility may not serve,
connect, or provide water, sewer, electricity, gas or other utility service unless the entity holds a
certificate of authority applicable to the land to be served. This prohibition applies to any of the
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foregoing entities that either serves or first connects with such utility services on or after
September 1, 1987. (Ordinance 98-08, sec. 3.12, adopted 4/21/98; Ordinance 2001-21, sec. 3.12,
adopted 9/17/01; 2006 Code, ch. 12, sec. 3.12)
Sec. 10.02.073 Undergrounding of utilities
(a) Generally. In addition to all other requirements set forth in other applicable codes and
regulations of the town, all subdivisions and plats submitted pursuant to this article shall:
(1) Require and provide that all electric utility lines and wires that will be operated at
nominal voltages, all telephone utility lines and wires, all cable television and other
communication or utility lines and wires, and all terminals shall be installed, placed
and constructed underground. Cable television, telephone, and electric transformer
and primary switching gear may be pad mounted or placed underground; and
(2) Contain the written approval, affixed to the subdivision plat, as a condition of
approval by the town council and town planning and zoning commission, of all
electric, telephone, cable television and other communication or utility companies
serving the town and which will provide service to the proposed subdivision or
development.
(b) Waiver. The town council may authorize and permit a waiver from the undergrounding
requirement upon recommendation by the planning and zoning commission.
(c) Charges. Nothing in this article or any other ordinance of the town shall prohibit or restrict
any electric, telephone or other utility or communications company from charging the owner,
developer or subdivider of or within a subdivision for the difference between the cost of
constructing overhead lines and wires and placing the same underground, or from charging the
owner[,] developer or subdivider of or within a subdivision for extension of its lines and wires, in
accordance with the methods and procedures set forth in the respective utility’s or
communications company’s approval tariff. It shall be the responsibility and duty of any such
owner, developer or subdivider of, or within a subdivision, to pay all such charges to any such
utility or communications company. No such utility or communications company shall be
required to begin construction unless and until the owner, developer or subdivider of, or within a
subdivision, has made arrangements satisfactory to the utility or communications company for the
payment of the charges specified in this section.
(d) Provision of temporary utility service. Nothing in this article shall in any way prohibit or
restrict any utility company from providing temporary utility service, provided that such
temporary service shall be limited to twelve (12) months, and shall be subject to a $2,000.00 fine
for each day in excess of that.
(e) Street lighting. Nothing in this article shall restrict or prohibit the placement, erection, or
construction of street lighting poles or standards above ground, provided all lines and wires used
to provide such lighting are placed underground.
(f) Placement of equipment. All electric, telephone, and cable, utilities shall be placed in the
rear easement unless otherwise approved by the planning and zoning commission as a part of the
platting process. Mechanical equipment, transformers, and other visible installations will not be
permitted in the front yards of any lots. Occasional location in the front yard area may be
permitted for unusual conditions if said locations have been indicated on an approved preliminary
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plat. All such equipment that is installed above ground will be low profile in nature and will not
exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as
near the rear property line as possible. Switch gear will be located such that it maintains low
visibility but may be placed convenient to and accessible from the street.
(g) All above-ground equipment shall be screened from public view, in such a manner that the
ground equipment cannot be seen from a public right-of-way. Said screening shall be completed
at the time of installation by the utility company and/or developer.
(Ordinance 98-08, sec. 3.13, adopted 4/21/98; Ordinance 2001-21, sec. 3.13, adopted 9/17/01;
2006 Code, ch. 12, sec. 3.13)
Secs. 10.02.074–10.02.100 Reserved
Division 4. Improvements Generally*
Sec. 10.02.101 Responsibility for construction
All on-site improvements to be dedicated to the public, including water and sewer lines, storm
drainage facilities, and street construction shall be installed by the subdivider. The subdivider
shall be responsible for 100% of the expense of all on-site improvements, which are to be
dedicated to the town and the MUD. (Ordinance 98-08, sec. 4.1, adopted 4/21/98; Ordinance
2001-21, sec. 4.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.01)
Sec. 10.02.102 Prior approval of engineering designs
Prior to commencement of construction of any proposed utility lines, drainage, or street
improvements, the developer shall have received approval of the engineering plans or designs by
the town engineer. The engineering drawings shall contain the seal and signature of a registered
professional engineer as required by the laws of the State of Texas. (Ordinance 98-08, sec. 4.2,
adopted 4/21/98; Ordinance 2001-21, sec. 4.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.02)
Sec. 10.02.103 Inspections
The town or the MUD, as applicable, shall issue no permit until the completion of all public
dedicated improvements and acceptance of such improvements associated with the subdivision
are approved by the town. The town engineer shall have the authority, after reviewing the
construction of improvements, to accept and release parts of the subdivision for building permits.
All construction work, including but not limited to street grading, street paving, storm sewers,
curb and/or gutter work, sanitary sewers or water mains performed by the subdivider, developer,
owner or contractor shall be subject to inspection by the proper authorities of the town or the
MUD and shall be constructed in accordance with the design standards for paving, drainage and
utility improvements approved by the town council or the MUD, where applicable, and in
accordance with any other provisions of any other ordinance of the town applicable thereto.
(Ordinance 98-08, sec. 4.3, adopted 4/21/98; Ordinance 2001-21, sec. 4.3, adopted 9/17/01; 2006
Code, ch. 12, sec. 4.03)
* Editor’s note–As set out in the 2006 Code, articles IV and V of chapter 12 (divisions 4 and 5 of this
article) were both titled “Improvements.” The titles have been revised by the editor.
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Sec. 10.02.104 As-built plans
Prior to the acceptance of public improvements related to a subdivision by the town or the MUD,
where applicable, the engineer for the subdivider or developer shall submit to the town or the
MUD a complete set of drawings of the paving, drainage, water and sewer improvements
showing all changes made in the plans during construction and containing on each sheet an “as-
built” stamp bearing the signature of the engineer for the subdivider or developer and the date. In
addition, one reproducible drawing of the utility plan sheets, containing the “as-built”
information, shall be submitted. (Ordinance 98-08, sec. 4.4, adopted 4/21/98; Ordinance 2001-21,
sec. 4.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 4.04)
Sec. 10.02.105 Engineer’s certificate
(a) Upon completion of the construction of all public improvements, a certificate shall be
provided, signed by the subdivision’s registered engineer, that any and all improvements
constructed in the subdivision have been completed in accordance with the approved construction
plans, and that all monuments and lot markers have been properly located and placed in
accordance with this article as applicable.
(b) The town shall verify that all items have been completed. The town or its designated
representative or agent shall conduct a final inspection of the project or subdivision and, if all
work is found to be acceptable, issue a letter of acceptance. Any items of exception noted in the
acceptance shall be immediately satisfied. Acceptance of public improvements of this subdivision
shall mean that the title to all improvements is vested in the town or relevant MUD.
(Ordinance 98-08, sec. 4.4, adopted 4/21/98; Ordinance 2001-21, sec. 4.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 4.05)
Secs. 10.02.106–10.02.130 Reserved
Division 5. Specifications for Improvements*
Sec. 10.02.131 Generally
(a) Conformity to the design standards. No plat or construction plans shall be approved by the
planning and zoning commission or town council, and no completed improvements shall be
accepted by the town council unless they conform to the subdivision design requirements and
town design standards as contained in the town’s “Subdivision Regulations and Design Standards
for Paving, Drainage and Utility Improvements,” which are incorporated herein by reference for
all purposes.
(b) Conformity to the comprehensive land use plan. The subdivision shall conform to the
comprehensive land use plan and the parts thereof as it exists and as hereafter amended.
(c) Reserve strips prohibited. There shall be no reserve strips of land except those which are
conveyed or dedicated to the government having jurisdiction.
* Editor’s note–As set out in the 2006 Code, articles IV and V of chapter 12 (divisions 4 and 5 of this
article) were both titled “Improvements.” The titles have been revised by the editor.
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(d) Extension of town facilities. To properly serve a subdivision, it may be necessary to extend
existing utilities and/or drainage facilities. When these extensions or facilities are constructed
outside the proposed subdivision, they are herein referred to as “off-site improvements.” The
subdivider shall be required to participate with off-site improvements of such size to adequately
serve the area being subdivided.
(Ordinance 98-08, sec. 5.1, adopted 4/21/98; Ordinance 2001-21, sec. 5.1, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.01)
Sec. 10.02.132 Blocks
Block lengths shall not exceed twelve hundred (1,200) feet except along primary collectors.
Lengths shall be measured from the intersection of the centerlines of streets. In the case of cul-de-
sacs, lengths shall be measured on street centerline from the intersection of the street to the radius
point of the cul-de-sac. (Ordinance 98-08, sec. 5.2, adopted 4/21/98; Ordinance 2001-21, sec. 5.2,
adopted 9/17/01; 2006 Code, ch. 12, sec. 5.02)
Sec. 10.02.133 Lots
(a) Generally. The lot design should provide for lots of adequate width, depth and shape to
provide open area, to eliminate overcrowding, and to be appropriate for the location of the
subdivision and for the type of development and use contemplated, and in accordance with the
adopted comprehensive zoning ordinance of the town and all other applicable codes and
regulations.
(b) Side lot lines. Shall be substantially at right angles to straight streets and radial to curved
street lines.
(c) Extra depth and width in certain cases. Where a lot in a residential area backs up to electric
transmission lines (69 KV or higher), an arterial street, or other land use which has a depreciating
effect on the residential use of the property, and where no marginal access street or other street is
provided at the rear of such lot, additional depth may be required by the planning and zoning
commission upon demonstration of hardship based upon documented engineering standards and
special conditions of the property.
(d) Lots adjacent to or in floodplains. Subdivision of property in a designated floodplain must
meet the requirements of the adopted codes of the town regulating land use and development in
the floodplain. Where floodplains are located adjacent to platted lots, the proposed finish floor
elevation shall be indicated on the lot on the final plat.
(Ordinance 98-08, sec. 5.3, adopted 4/21/98; Ordinance 2001-21, sec. 5.3, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.03)
Sec. 10.02.134 Streets
(a) Generally.
(1) Streets on town comprehensive land use plan or thoroughfare plan. Whenever a tract
to be subdivided borders on or embraces any part of any street or parkway so
designated on the town comprehensive land use plan or thoroughfare plan, such part
of such proposed public way shall be platted by the subdivider in the same location
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and at the same width as indicated on the town comprehensive land use plan or
thoroughfare plan. All primary and secondary collector street locations, alignment,
right-of-way width, pavement width, and cross-section shall be in accordance with
the adopted comprehensive land use plan, the town’s adopted subdivision
regulations, and all other applicable regulations.
(2) Street layout. Adequate streets shall be provided by the subdivider and the
arrangement, character, extent, width, grade, and location of each shall be considered
in relation to existing and planned streets, topographical conditions, public safety and
convenience, and in their appropriate relationship to the proposed uses of land to be
served by such streets. The street layout shall be devised for the most advantageous
development of the entire neighborhood.
(3) Local streets. Streets shall be laid out so as to discourage their use by through traffic.
(4) Reserve strips prohibited. There shall be no reserve strips prohibiting access to land
dedicated or intended to be dedicated to public use.
(5) Street names. Names of new streets shall not duplicate or cause confusion with the
names of existing streets, unless the new streets are a continuation of or in alignment
with existing streets, in which case names of existing streets shall be used.
(6) Relation to adjoining street system. Where necessary to the neighborhood pattern,
existing streets in adjoining areas shall be continued and shall be at least as wide as
such existing streets and in alignment therewith.
(7) Projection of streets. Where adjoining areas are not subdivided, the arrangement of
streets in the subdivision shall make provisions necessary for the proper projection of
streets into such unsubdivided area.
(8) Street lengths. Except for primary collectors, street lengths without an intersection or
turnaround shall not exceed twelve hundred (1,200) feet. Lengths shall be measured
from intersection of the centerlines of streets. In the case of cul-de-sacs, lengths shall
be measured on the centerline from the intersection of the street to the radius point of
the cul-de-sac.
(9) Street intersections. Street intersections shall be as nearly at right angles as
practicable, giving due regard to terrain and topography, sight distances, and safety.
All major and minor collectors, unless otherwise approved by the planning and
zoning commission, shall intersect at or near ninety (90) degree angles.
(10) Street jogs. Street jogs with centerline offsets of less than one hundred fifty (150) feet
shall be prohibited. Streets intersecting with or extending to meet an existing street
shall be tied to the existing street on centerline with distances and angles to show
relationships.
(11) Half streets. No half streets will be permitted along the boundaries of proposed
subdivisions.
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(12) Dead-end streets. Permanent dead-end streets shall be prohibited unless used as short
stubs to permit future expansion. Permanent dead-end streets shall not exceed the
depth of one (1) lot or two hundred fifty (250) feet, whichever is less.
(13) Cul-de-sac. A cul-de-sac shall not be more than six hundred (600) feet in length
measured from the street centerline intersection and the radius point of the cul-de-sac.
The turnaround shall have a minimum right-of-way radius of fifty (50) feet and a
minimum driving surface radius of forty (40) feet.
(14) Private streets. Private streets shall only be permitted to be constructed within the
corporate limits of the town if they are approved as a part of a Planned Development
(PD) District and have established a homeowners’ association for the maintenance of
private streets, common spaces, and common facilities. In such cases the streets shall
be constructed in accordance with all the design standards for streets and storm
drainage as contained in the design documents adopted and/or used as standard
engineering practice within the town.
(15) Residential driveways. Residential driveways to serve garages, porte-cocheres and/or
storage areas shall not be more than twenty-four feet (24') in width, measured at the
property line. A driveway shall not begin less than five feet (5') from the point of
tangency of the corner radius of an intersection. Residential driveways shall not be
constructed closer than ten feet (10') apart unless approved by the planning and
zoning administrator.
(16) Commercial driveways. Commercial driveways shall not exceed sixty-five percent
(65%) of the property frontage, and shall be a minimum of twenty-four feet (24') and
a maximum of forty-five feet (45') in width, measured at the property line. When the
property frontage is seventy-five feet (75') or greater, the driveway measured at the
property line shall not begin less than ten feet (10') from the property corner. When
the property frontage is less than seventy-five feet (75'), the driveway measured at the
property line may begin a minimum of five feet (5') from the property corner,
provided there is not an existing driveway within fifteen feet (15') of the property
corner of the adjacent property. The radius of all driveways shall be a minimum of
ten feet (10'), except in instances where the edge of the driveway is located less than
ten feet (10') from the property corner. In such cases, the minimum radius shall be
five feet (5').
(17) Service drives. For townhouse lots that have rear entry garages, each townhouse lot
shall be provided with a service drive, private alley, or public alley abutting the rear
lot line. Such service drive or alley shall have a minimum right-of-way width of
twenty-five feet (25'), a minimum paved surface width of twenty-two feet (22'), and
shall be developed in accordance with town design standards. Service drives and
private alleys shall not exceed nine hundred feet (900') in length without providing
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access at the midsection of the alley to a public street. Service drives shall not be
dedicated to the town and maintenance of said service drives shall be the
responsibility of the owner, owners or homeowners’ association within the
subdivision.
(18) Curb ramps. Curb ramps complying with the Americans With Disabilities Act, as
amended shall be provided at all intersections. Ramps shall be located to provide
adequate and reasonable access for the safe and convenient movement of persons
with disabilities, including but not limited to movement in a wheelchair.
(19) Street signs. Within the corporate limits of the town street signs shall be furnished
and installed by the subdivider or developer at each intersection. In addition, the
developer shall install all regulatory, warning and guide signs, including posts, as
shown on the approved plans or as directed by the town engineer. Examples of
regulatory, warning and guide signs are as follows:
(A) Regulatory signs shall include, but are not limited to STOP, 4-WAY, YIELD,
KEEP RIGHT, and speed limit signs. All stop signs and street signs provided
in subdivisions platted after March 21, 1995 shall be of the size and dimension
and construction type shown in the following illustration.
(B) Warning signs shall include, but are not limited to DEAD END, NO OUTLET,
DIVIDED ROAD, and PAVEMENT ENDS.
(C) Guide signs shall include, but are not limited to street name signs, DETOUR,
direction arrow and advance arrow.
(20) Streetlights. All developments shall be provided with streetlights, as shown in the
following illustration. Streetlights shall be installed at the cost of the subdivider and
at no cost to the town. In general, lights should be located on metal poles at street
intersections and at intervals no greater than four hundred feet (400') apart.
Streetlights should be the equivalent of one hundred seventy-five (175) watt mercury
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vapor fixtures on minor residential streets. All collector streets shall have sodium
vapor fixtures with a minimum of two hundred fifty (250) watts. In some instances,
greater wattage may be required by the town. The town reserves the right to inspect
the street lighting construction.
(21) Pavement widths and right-of-way widths. Pavement widths shall be measured from
the face of the curb. The minimum widths of pavement and right-of-way shall
conform to the adopted comprehensive land use plan, and pavement sections shall
conform to the design standards for the town.
(22) Primary collector streets. Along all primary collector streets, the following shall
apply:
(A) When a side or rear yard abuts or lies adjacent to the right-of-way of a primary
collector street:
(i) Except as provided in subsection (ii) of this subsection (A), no building
or structure shall be constructed, erected or installed closer than fifteen
(15) feet to the right-of-way; and
(ii) A masonry wall not less than six feet (6') in height shall be constructed
contiguous to the right-of-way.
(B) Within the median area of a primary collector street, trees shall have a full-
grown height of at least fifteen feet (15') and shall be planted every fifteen feet
(15'). Other plant material may be approved by the town.
(23) Responsibility for installation.
(A) Internal streets.
(i) The subdivider shall be responsible for the construction of all streets
within the subdivision at their own expense.
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(ii) The subdivider shall, at their own cost, dedicate such right-of-way [for]
streets and construct streets of such size as required in section 10.02.071,
Dedication, herein so as to adequately serve the area being subdivided.
(B) Perimeter streets. Where the proposed subdivision is located adjacent to a
substandard road or street within the town and it is deemed not feasible to
improve said road or street at the time of development of the subdivision, the
subdivider or developer shall pay the town a fee equal to one-half (1/2) the cost
of improvements required to meet town standards (including, but not limited
to, excavation, subgrade preparation, paving, drainage facilities, utility
adjustments and engineering) and dedicate the necessary right-of-way for said
road or street as a condition precedent to the acceptance of the subdivision
improvements by the town for maintenance purposes. No building permits
shall be issued until all fees have been paid. The estimate of the cost of said
improvement shall be determined by the town engineer and made available to
the subdivider. The fees shall be placed by the town into a street improvement
escrow fund, and shall be specifically reserved and used for the improvement
of said road or street. When a thoroughfare is improved adjacent to the
subdivision there shall not be a curb and gutter assessment levied by the town
against the property for which the fee was collected. If the improvement to the
road or street does not occur within twenty (20) years from the date the fee is
placed on deposit with the town, the fee, including any interest earned thereon,
shall be returned to the property owners of record at that time.
(Ordinance 98-08, sec. 5.4, adopted 4/21/98; Ordinance 2001-21, sec. 5.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.04)
Sec. 10.02.135 Sidewalks and extra-width paths
(a) Guidelines. Sidewalks and/or extra-width paths, constructed in accordance with the design
standards of the town and specifications, shall be required in subdivisions or developments.
Sidewalks and/or extra-width paths shall be required in conformance with the comprehensive
land use plan and as required to tie in to recognized pedestrian pathways. The following
guidelines shall apply generally in determining sidewalk and/or extra-width paths locations:
(1) Location of sidewalks and/or extra-width paths shall be determined within each
subdivision on a case-by-case basis, as deemed necessary by the planning and zoning
commission.
(b) Responsibility for installation.
(1) The developer, as part of the subdivision plat approval, shall be responsible for the
construction of the required sidewalk and/or extra-width path.
(2) No final acceptance or certificate of occupancy will be issued until such sidewalk
and/or extra-width path has been installed, in accordance with the requirements of the
plat approval.
(Ordinance 98-08, sec. 5.5, adopted 4/21/98; Ordinance 2001-21, sec. 5.5, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.05)
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Sec. 10.02.136 Storm drainage
Storm drainage improvements shall comply with design requirements as contained in the town
design standards. (Ordinance 98-08, sec. 5.6, adopted 4/21/98; Ordinance 2001-21, sec. 5.6,
adopted 9/17/01; 2006 Code, ch. 12, sec. 5.06)
Sec. 10.02.137 Water, sewer and fire
(a) Generally. The subdivider shall dedicate, at their own cost, such right-of-way and construct
such water mains, water lines, fire hydrants, sanitary sewers, and drainage improvements of such
a size as to adequately serve the area being subdivided, as determined by the town engineer
and/or MUD. All facilities shall be constructed in accordance with town design standards.
(b) Water.
(1) Water supply and distribution. All subdivisions shall be provided with water supply
and water distribution systems approved by the town engineer and/or MUD in
accordance with standards as required by the town engineer and/or MUD.
(2) Fire hydrants. Standard fire hydrants shall be installed as part of the water
distribution system per specification of the state board of insurance, department of
public safety, department of public works, and in accordance with the standards as
required by the municipal utility district.
(c) Wastewater. All subdivisions shall be provided with an approved sewage disposal system
approved by the town engineer and/or MUD and in accordance with standards as required by the
town engineer and/or MUD.
(Ordinance 98-08, sec. 5.7, adopted 4/21/98; Ordinance 2001-21, sec. 5.7, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.07)
Sec. 10.02.138 Utility easements
(a) The location and width of sanitary sewer system, water, storm sewer, electrical anchors, or
other town utility easements shall be determined by the town engineer and/or MUD.
(b) Where easements are required for use other than public utilities, the location and width
must be acceptable to the private utility company concerned and shall be approved by the
planning and zoning commission.
(c) Where any public or private utility line is required to be adjusted in location or elevation,
the developer or subdivider shall cause such changes to be made with the approval of the town
engineer and/or MUD.
(d) Where the proposed subdivision adjoins an unplatted property, and a utility easement is to
be dedicated on the adjacent property, the owner and/or lienholder shall join in the dedication of a
full easement, which shall be shown on the plat.
(e) Normal curb exposure shall be required where utility easements intersect streets.
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(f) Intersecting utility easements. Where two utility easements intersect or turn at a right angle,
a cut-off or corner clip of not less than 10 feet from the normal intersection of the property or
easement line shall be provided along each property or easement line.
(g) Water, sanitary sewer and storm sewer. Shall be placed within street right-of-way, unless
approved otherwise at the time of final plat approval. When a water, sanitary sewer or storm
sewer line must cross an existing street, the crossing shall be made by boring or tunneling under
the existing street. The bore pit shall be located a minimum of three feet (3') back of curb. The
method of the bore shall be approved by the town engineer. All other utilities shall be placed in
the rear easements, unless otherwise approved at the time of final plat approval.
(Ordinance 98-08, sec. 5.8, adopted 4/21/98; Ordinance 2001-21, sec. 5.8, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.08)
Sec. 10.02.139 Monuments
(a) Location of monuments. Monuments shall be set at each corner of the survey boundary of
the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot
markers shall be set immediately after completion of utility installations and street construction,
or as the town engineer may require.
(b) Monuments. Monuments shall be made of an iron rod three-fourths inch (3/4") in diameter
and three feet (3') long, with a cross marked on the top, securely set in the ground until its top is
flush with the natural surface of the ground. A block of concrete four inches (4") square or five
inches (5") in diameter and eighteen inches (18") deep shall be set around the upper end, flush
with the tip of the rod. Where, due to topographical conditions, permanent structures, or other
conditions, the view is obstructed between any two (2) adjacent monuments, intermediate
monuments shall be so set as to assure a clear view between adjacent monuments. All such
intermediate monuments shall be marked with reinforcing iron bars one-quarter (1/4") inch in
diameter by two feet (2') long driven nearly flush with the ground or countersunk slightly to avoid
being disturbed. The permanent monuments shall be tied into the town’s horizontal and vertical
control system. The developer shall incur the cost of setting the monuments but shall provide data
to the town engineer to physically place the monuments.
(c) Lot markers. Lot markers shall be iron pins no less than eighteen inches (18") long nor less
than one-half inch (1/2") in diameter set flush with the ground at every corner, at all angle points,
and at all points of curves not otherwise designated under subsection (a) of this section. All points
of intersection shall be referenced in accordance with the town’s horizontal control system.
(d) Benchmarks. All plats shall provide benchmarks located within the subdivision. Said
benchmarks shall clearly reference an elevation in accordance with mean sea level, shall provide
horizontal control in accordance with the town’s control system, and shall be tied to a known
point by dimensions.
(Ordinance 98-08, sec. 5.9, adopted 4/21/98; Ordinance 2001-21, sec. 5.9, adopted 9/17/01; 2006
Code, ch. 12, sec. 5.09)
Sec. 10.02.140 Natural tree and ground cover
Natural tree and ground cover shall be preserved whenever possible. Other landscape features
shall be carefully protected from abuse, marring, or damage during construction. (Ordinance 98-
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08, sec. 5.10, adopted 4/21/98; Ordinance 2001-21, sec. 5.10, adopted 9/17/01; 2006 Code, ch.
12, sec. 5.10)
Secs. 10.02.141–10.02.170 Reserved
Division 6. Enforcement
Sec. 10.02.171 Generally
Any person or entity contesting any disapproval and/or the interpretation and/or the application of
any rule, standard, regulation, determination, requirement or necessity set forth in these
regulations shall have the right to have a hearing before the town council. Such appeal shall be
filed in writing within seven (7) days of the adverse determination in accordance with the
requirements of these regulations. The hearing shall be held within twenty-four (24) days after the
date the written request is filed. Decision of the town council shall be final, and such further
appeal shall be in accordance with appropriate law. (Ordinance 98-08, sec. 6.1, adopted 4/21/98;
Ordinance 2001-21, sec. 6.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.01)
Sec. 10.02.172 Penalty for violators of regulations
(a) Except as provided in subsection (b) of this section, any person violating any of the
provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a fine in a sum not to exceed two thousand dollars ($2,000.00) for each offense
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs.
(b) Any person violating any provision of this article, on real property which is located within
the extraterritorial jurisdiction (ETJ) of the town subject to the requirements of this article, shall
not be guilty of a misdemeanor as provided by subsection (a) of this section. However, the town
may institute an action in the district court of the county where the real property is located to
enjoin the violation of any municipal ordinances or codes applicable in the ETJ.
(Ordinance 98-08, sec. 6.2, adopted 4/21/98; Ordinance 2001-21, sec. 6.2, adopted 9/17/01; 2006
Code, ch. 12, sec. 6.02)
Sec. 10.02.173 Town attorney’s authority
On behalf of the town, the town attorney, when directed by the town council, shall institute
appropriate action in a court of competent jurisdiction to enforce the provisions of these
regulations or the standards referred to herein with respect to any violation thereof which occurs
within any area subject to all or part of the provisions of these regulations that is located within
the town or within the extraterritorial jurisdiction of the town. (Ordinance 98-08, sec. 6.3, adopted
4/21/98; Ordinance 2001-21, sec. 6.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 6.03)
Sec. 10.02.174 Waivers to subdivision regulations
(a) The town council shall have the ultimate power to grant or reject waivers to the subdivision
regulations upon receipt of a recommendation from the planning and zoning commission. The
town council may authorize a waiver from these regulations when, in its opinion, undue hardship
will result from requiring strict compliance. In granting a waiver, the town council shall prescribe
only conditions that it deems necessary to or desirable in the public interest, which will
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substantially secure the objectives of these regulations. In making the findings hereinbelow
required, the town council shall take into account the nature of the proposed use of the land
involved, existing uses of land in the vicinity, the number of persons who will reside or work in
the proposed subdivision, and the probable effect of such waiver upon traffic conditions and upon
the public health, safety, convenience and welfare in the vicinity. No variance shall be granted
unless the town council shall make findings based upon evidence in each specific case that:
(1) There are special circumstances or conditions affecting the land involved such that
the strict application of the provisions of these regulations would deprive the
applicant of the reasonable use of the land; and
(2) The conditions upon which the request for variance is based are unique to the
property for which the variance is sought and are not applicable generally to other
property; and
(3) The waiver is necessary for the preservation and enjoyment of a substantial property
right of the applicant; and
(4) The granting of the waiver will not be detrimental to the public health, safety or
welfare, or injurious to other property in the area; and
(5) The granting of the waiver will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the adopted comprehensive
land use plan and the provisions of these regulations.
(b) Such findings of the planning and zoning commission and the town council, together with
the specific facts upon which such findings are based, shall be incorporated into the official
minutes of the town council meeting at which such waiver is granted or denied. Waivers may be
granted only when in harmony with the general purpose and intent of the adopted comprehensive
land use plan and these regulations so that the public health, safety and welfare may be secured
and substantial justice done. Pecuniary hardship standing alone shall not be deemed to constitute
undue hardship. The town council determination shall be final.
(c) An application for waiver shall be submitted in writing by the applicant at the time when
the preliminary plat or final plat is filed for consideration by the planning and zoning
commission. The application shall state fully the grounds for the application and all of the facts
relied upon by the applicant.
(d) The planning and zoning commission shall recommend the grant or denial of a waiver
based upon the considerations outlined in subsection (a) of this section.
(e) The planning and zoning commission, in the recommendation of a waiver of the town
council, shall submit to them a letter containing all the specific facts and pertinent data upon
which such a waiver has been based applying the criteria listed in subsection (a) of this section.
(Ordinance 98-08, sec. 6.4, adopted 4/21/98; Ordinance 2001-21, sec. 6.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 6.04)
Secs. 10.02.175–10.02.200 Reserved
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Division 7. Developer’s Agreement, Financial Assurance and Construction Contracts for
Public Improvements
Sec. 10.02.201 Procedures
(a) Contract required. The owner of property shall be required to execute a developer’s
agreement as a condition of plat approval whenever the installation of community facilities or
public improvements is required. A developer’s agreement shall be prepared after the final
engineering plans and cost estimates have been approved.
(b) Approval of contract.
(1) The owner of property shall be required to execute a developer’s agreement as a
condition of plat approval whenever the installation of community facilities or public
improvements is required. A developer’s agreement shall be prepared after the final
engineering plans and cost estimates have been approved.
(2) The mayor shall review and sign the contract on behalf of the town upon approval by
the town council.
(3) No construction work shall begin on the subdivision before the developer’s
agreement is approved and signed by the mayor. This provision shall exclude the
moving of dirt, when in conformance with section 10.02.251 of this code.
(4) The town will use its best effort to expedite all necessary instruments and documents
within the town administration.
(c) Changes in contract/scope of project. Any subsequent changes in the plans and
specifications of the approved project which result in an increase in the project scope shall
necessitate an amendment to the developer’s agreement and amendments to all required financial
assurance instruments. An increase in the project scope shall also require an increase in the
inspection fee, as authorized in section 10.02.203(a) below. The developer shall bear the full cost
of any additional work required by the town attorney and/or town engineer in revising and/or
reviewing the revised documents, and approval shall not be granted until such additional fees are
paid.
(Ordinance 98-08, sec. 7.1, adopted 4/21/98; Ordinance 2001-21, sec. 7.1, adopted 9/17/01; 2006
Code, ch. 12, sec. 7.01; Ordinance 2007-02, sec. II, adopted 2/5/07)
Sec. 10.02.202 Performance bonds, payment bonds, maintenance bonds and financial
assurances
(a) Performance bonds. Performance bonds, sureties or irrevocable letters of credit on forms
approved by the town attorney meeting the requirements of chapter 2253 of the Texas
Government Code, where applicable, shall be required for all public improvements or community
facilities prior to the execution of the developer’s agreement, the filing of the final plat and
issuance of any building permits. Bonds, irrevocable letters of credit, certificates of deposit or
cash deposits shall be for 100% of the value, as determined by the town engineer, of the
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construction costs of all public improvements and community facilities to be constructed by the
developer.
(1) A cash deposit may be made with the town in lieu of the performance bond. The cash
deposit shall be held by the town in a regular insured savings account and shall
accrue interest at the then-current available regular savings account rate of interest.
Interest shall accrue in the account to the benefit of the developer and shall be
returned to the developer with the cash deposit upon satisfactory completion of the
facilities and acceptance by the town.
(2) A certificate of deposit issued by any financial institution, which is insured by the
Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance
Corporation, may be submitted by the developer in lieu of the performance bond.
Such certificate of deposit shall be held in the town depository. When this option is
exercised, the developer shall execute four copies of a letter (approved by the town)
assigning the deposit to the town and providing for the town to withdraw the deposit
if necessary to complete construction. Such letter of assignment must be accepted in
writing by the financial institution. Upon satisfactory completion of the facilities for
which the deposit is made as security, the town shall reassign the deposit to the
developer, including accrued interest or dividends thereon.
(3) A letter of credit may be submitted in lieu of the performance bond. When the option
is exercised to provide an irrevocable letter of credit from a financial institution, the
form of the letter shall be approved by the town attorney.
(b) Payment bonds. The developer shall provide a material and labor payment bond on a form
approved by the town attorney meeting the requirements of chapter 2253 of the Texas
Government Code in the amount of one hundred percent (100%) of the contract price.
(c) Maintenance bonds. The developer shall provide a maintenance bond on a form approved
by the town attorney guaranteeing and agreeing to pay any necessary maintenance for a period of
two (2) years in an amount equal to 100 percent (100%) of the value of the construction costs of
all facilities to be constructed by the developer. The developer may submit any of the other forms
of financial guarantee described in subsection (a)(1), (2), or (3) of this section in lieu of providing
the maintenance bond; providing, however, that the same conditions shall prevail as under
subsection (a)(1), (2), or (3) of this section when certificates of deposit, irrevocable letters of
credit or cash deposits are used instead of surety company bonds.
(d) Financial assurances. The developer shall furnish and maintain at all times prior to the
town’s final acceptance of the public improvements and community facilities, an owner’s
protective liability insurance policy naming the town as additional insured for property damage
and bodily injury. Coverage shall be on an “occurrence” basis and shall be issued with a
combined bodily injury and property damage minimum limit of $600,000.00 per occurrence and
$1,000,000.00 aggregate. The town shall be named as an additional insured on that policy.
(e) Approved forms. All financial assurance provided under this section shall be submitted on
a form approved by the town attorney. Each financial assurance submitted by a developer on a
form other than the one which has been previously approved by the town as “acceptable” shall be
submitted to the town attorney at the developer’s expense.
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(f) Third party assurances. As an alternative means for compliance with the requirements
contained in subsections (a), (b), and (c) of this section, the developer may submit to the town
financial assurances for performance, payment and maintenance from a single general contractor
for the project, provided that such assurances meet all other requirements of this article and name
the town as dual obligee.
(Ordinance 98-08, sec. 7.1, adopted 4/21/98; Ordinance 2001-21, sec. 7.1, adopted 9/17/01;
Ordinance 2003-04, sec. II, adopted 3/3/03; 2006 Code, ch. 12, sec. 7.02)
Sec. 10.02.203 Inspections and approval of public improvements
(a) The town council shall establish fees for the inspection of public improvements as part of
the town’s adopted fee schedule. No person shall be granted notice to proceed to construct,
reconstruct, cut or repair any street, drainage or sanitary sewer facility without paying the fees for
the inspection of such work.
(b) The developer’s contractor shall give at least twenty-four (24) hours’ notice in writing to
the town of intent to commence actual construction of the facilities in order for inspection
personnel to be made available.
(c) The developer shall delay connection of buildings to service lines of sewer and water mains
until such sewer and water mains and service lines have been completed and accepted by the
town.
(d) It shall be the duty of the developer to notify all contractors and subcontractors working on
the project that all of their work is subject to inspection by the town inspector at any time.
Certification of materials being used may be required by the town inspector.
(e) Laboratory tests required by the town inspector shall be performed by approved
independent testing laboratories and will be at the discretion of the town inspector. Approved
laboratories are laboratories that are members of the American Council of Independent
Laboratories and shall comply with standard recommended practice for inspection and testing
agencies for concrete, steel, and bituminous materials as used in construction, ASTM Designation
E329. All costs for laboratory tests shall be borne by the developer or his/her contractor.
(f) Should any point not be covered in the plans, or developer’s agreement, the developer shall
be required to contact the town engineer for a determination as to the town’s requirements.
(g) Any work, which in the opinion of the town inspector does not meet the town requirements
or has not had proper town inspection, shall be corrected. The inspector shall notify the contractor
and developer in writing of the deficiencies. The developer shall be required to cease all
operations until the defect has been corrected and all town requirements have been met and
proper inspections conducted.
(Ordinance 98-08, sec. 7.3, adopted 4/21/98; Ordinance 2001-21, sec. 7.3, adopted 9/17/01; 2006
Code, ch. 12, sec. 7.03)
Sec. 10.02.204 Deferral or waiver of required improvements
(a) The planning and zoning commission may recommend and the town council may defer,
reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of
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any or all such improvements as, in its judgment, are not necessarily in the interest of the public
health, safety, and general welfare.
(b) Whenever it is deemed necessary by the planning and zoning commission and town council
to defer the construction of any improvements required herein because of incompatible grades,
future planning, inadequate or lack of connecting facilities, or for other reasons, the developer
shall pay his/her proportionate share of the costs of the future improvements prior to approval and
recording of the final plat. In lieu of a cash payment, the developer may use one of the other
improvement guarantees set forth in this article.
(Ordinance 98-08, sec. 7.4, adopted 4/21/98; Ordinance 2001-21, sec. 7.4, adopted 9/17/01; 2006
Code, ch. 12, sec. 7.04)
Sec. 10.02.205 General construction requirements
Prior to initiating any construction work, the contractor and all subcontractors shall conduct a pre-
construction conference with the town, town engineer, town inspector and all affected franchised
utilities and other appropriate parties deemed necessary by the town. Prior to the conference, the
contractor shall provide a proposed construction sequence and schedule and a traffic safety plan,
if required, for review and approval by the town engineer. (Ordinance 98-08, sec. 7.5, adopted
4/21/98; Ordinance 2001-21, sec. 7.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.05)
Sec. 10.02.206 Approval of work
(a) All work performed in construction, reconstruction, cutting and repairing of streets, storm
sewer and other public improvements shall be subject to the approval of the town engineer, whose
decision shall be final.
(b) The town shall not release the obligations of any financial assurance, including
performance bonds, until the improvements have been approved and accepted by the town
pursuant to the action of the town council. The town shall hold the developer responsible for
completion of the project.
(Ordinance 98-08, sec. 7.6, adopted 4/21/98; Ordinance 2001-21, sec. 7.6, adopted 9/17/01; 2006
Code, ch. 12, sec. 7.06)
Sec. 10.02.207 Ownership and maintenance of completed public facilities
Upon acceptance of completed construction, all street improvements including construction of
streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels
within dedicated rights-of-ways and easements shall be and remain the property of the town. The
developer shall be responsible for maintenance of the completed public improvement for a two
(2) year period, following acceptance by the town. After expiration of the two (2) year
maintenance period, the improvements shall be maintained by the town. (Ordinance 98-08, sec.
7.7, adopted 4/21/98; Ordinance 2001-21, sec. 7.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 7.07)
Sec. 10.02.208 Refund to developer from future connection to sanitary sewer system
(a) Application. Upon application and approval by the town council, a developer that is
required to extend a sanitary sewer collection line past undeveloped property to reach his/her
development may receive a refund from any future developer that connects to such line within ten
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(10) years of the initial construction. The application shall identify the developer who is to
receive the refund and provide an address where such refund may be forwarded. Developer shall
be required to update address information within thirty (30) days of each change of that
information. The developer is eligible for refunds equal to, but not greater than, one hundred
percent (100%) of his participation in the sanitary sewer main for a period of ten (10) years after
completion of construction.
(b) Determination and application of connection fees. The town engineer will develop a linear
front-foot cost for the construction of the sanitary sewer main. Any future subdivision or plat that
fronts along the affected sanitary sewer main shall be required to pay the calculated front-foot
cost to the town as a condition of plat approval. The town shall then notify the original developer
of the availability of the refund. If the funds subject to refund remain uncollected by the
developer to whom they are due for more than one year after notification, the funds shall become
the property of the town.
(c) Records. The public works director or his/her designee shall maintain a record of the
project, front-foot basis determined by town engineer, refund limit, date construction was
completed, limits upon which front-foot fee may be collected, and the name of the developer
entitled to refund.
(Ordinance 98-08, sec. 7.8, adopted 4/21/98; Ordinance 2001-21, sec. 7.8, adopted 9/17/01; 2006
Code, ch. 12, sec. 7.08)
Secs. 10.02.209–10.02.240 Reserved
Division 8. Tree Preservation and Removal
Sec. 10.02.241 Definitions
Buildable area. That portion of building site exclusive of the required yard areas on which a
structure or building improvement may be erected and including the actual structure, pool, and
other construction as shown on a site plan, excluding driveways and parking lots.
Canopy. Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s
foliage.
Crown. The top, upper, or highest portion of a tree, including the leaves and living branches.
Developed property. Property that has been platted.
Developer. Any individual, partnership, firm, association, joint venture, organization,
corporation, builder, construction company or governmental entity.
Drip line. The area directly under the canopy or shelter area created by the canopy.
Environmental Protection Agency (EPA). The United States Environmental Protection Agency, or
any duly authorized official of such agency.
FHA. Federal Housing Administration.
Historic tree. Shall have the meaning assigned in section 10.02.247 of this division.
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Land-disturbing activity. Any activity, including but not limited to, excavation, planting, tilling,
grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving,
construction, substantial removal of vegetation, or any activity which bares soil or rock or
involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
stormwater runoff or wind. All installations and maintenance of franchise utilities, such as
telephone, gas, electric, etc., shall be considered land-disturbing activities.
Majestic tree. Shall have the meaning assigned in section 10.02.247 of this division.
Original construction. Initial construction.
Person. An individual, corporation, firm, partnership, association, company, joint venture,
organization or other legal entity, other than the town, the Municipal Utility District 1 or the
Municipal Utility District 2.
Planning and zoning commission. The planning and zoning commission of the town, as appointed
by the town council.
Protected tree. Shall have the meaning assigned in section 10.02.245 of this division.
Soil creep. The slow, downslope movement of soil under the influence of gravity, frost heave,
thermal expansion, and contraction of the surface.
Specimen tree. Shall have the meaning assigned in section 10.02.246 of this division.
Texas Commission on Environmental Quality (TCEQ). The Texas Commission on Environmental
Quality, or any duly authorized official of such agency.
Town. The Town of Trophy Club, Texas.
Town manager. The town manager of Trophy Club or authorized designee.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.01; Ordinance 2009-04,
sec. II, adopted 2/16/09)
Sec. 10.02.242 Parks and recreation board to serve as tree board
(a) Role of parks and recreation board. The parks and recreation board shall serve as the tree
board for the town (the “board”).
(b) Duties and responsibilities. It shall be the responsibility of the board to:
(1) Determine cash value for a tree replacement;
(2) Designate protected, specimen, historical, and majestic trees, as defined herein;
(3) Develop and approve tree lists;
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(4) Inform and develop an informational tree pamphlet;
(5) Hear appeals;
(6) Annually develop a written plan, in conjunction with the town manager or his
designee for the care, preservation, trimming, planting, replanting, removal, or
disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan
will be presented annually to the town council and upon acceptance and approval,
shall constitute the official comprehensive tree plan for the town. The town manager
or his designee shall be charged with carrying out the plan; and
(7) Ensure the Tree City USA application for recertification is submitted annually.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.02; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.01, adopted 3/21/11)
Sec. 10.02.243 Tree preservation
(a) Intent. The removal or replanting of any protected trees (specifically, protected, specimen,
majestic or historic trees, as defined in this division) requires a tree removal permit or a tree
replanting permit, as the case may be, in accordance with the terms and provisions hereof.
(b) Applicability. The purpose of this division is to regulate undeveloped and vacant real
property in accordance with the regulations contained herein both prior to and during the platting,
subdivision and development of property, including but not limited to grading or any other
construction activity. The terms and provisions of this division shall apply to all real property
within the town’s corporate limits which meets one or more of the following criteria:
(1) All vacant or undeveloped real property prior to and during the platting, subdivision
and development of property, including but not limited to grading, any other
construction activity on the property, or preparation of the property for any
construction activity thereon;
(2) All platted real property which is replatted, resubdivided or for which additional
subdivision occurs;
(3) The yard areas of all developed property, excluding developed single-family and
two-family residential property. It is provided, however, that where a building lot or
site is one acre or larger in size, then no protected, specimen, majestic or historic
trees shall be removed from the buildable area of the lot or site before the issuance of
a building permit relating to the lot or site.
(4) Exemptions.
(A) The terms and provisions of this division shall not apply to developed single-
family and two-family residential property.
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(B) Local taxing authorities, constructing or improving public grounds and/or
buildings, shall be exempt from the requirements set forth in this division.
The terms and provisions of this division shall not apply to developed single-family and two-
family residential property.
(c) Exceptions. Under the following circumstances, a tree removal permit is not required:
(1) In the event that any protected, specimen, majestic or historic tree shall be
determined to be in a hazardous or dangerous condition so as to endanger the public
health, welfare or safety, and require immediate removal without delay, authorization
for removal may be given by the town manager or his designee upon the request of
the owner of the property upon which the tree is located, and such protected,
specimen, majestic or historic tree may then be removed without obtaining a written
permit as required by this division.
(2) During the period of an emergency, such as a tornado, storm, flood or other act of
God, the requirements of this division may be waived as deemed necessary by the
town manager or his designee.
(3) Utility companies franchised or otherwise authorized to provide utility service may
remove protected, specimen, majestic or historic trees that endanger public safety and
welfare by interfering with utility service, except where such trees are on owner-
occupied properties developed for single-family or two-family use, removal of such
trees shall be at the option of the property owner(s).
(4) The mowing, clearing and grubbing of brush located within or under the drip lines of
protected, specimen, majestic or historic trees shall be allowed, provided such
mowing, clearing or grubbing is accomplished by hand or by manually operated
mowers. The use of bulldozers, loaders or other construction or earth-moving
equipment for this purpose shall not be allowed.
(5) For public recreational property or uses, such as public golf courses and baseball,
soccer, football or similar public athletic facilities, and public works projects such as
water or wastewater treatment plants, pump stations, storage tanks, and public streets
and drainage improvements, the buildable area of the property shall include that
portion of the property necessary for the construction of such recreational and public
works improvements, including sufficient adjacent area to allow the normal operation
of construction equipment.
(6) The terms and provisions of this division shall not apply to a lot of record, a deed for
which was recorded in the office of the county clerk prior to the passage of this
division, or to any development, subdivision or resubdivision for which a completed
application for approval has been filed with the town or for which a plat has been
approved by the planning and zoning commission and/or the town council and filed
in the plat records of the county prior to the effective date of this division.
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(7) All easements and rights-of-way included on a record plat approved by the town and
filed in the plat records of the county.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006
Code, ch. 12, sec. 8.03; Ordinance 2009-04, sec. II, adopted 2/16/09)
Sec. 10.02.244 Information assistance
(a) In furtherance of the purpose and provisions hereof, the board shall develop and make
available to persons making application for either tree removal permits or tree replanting permits,
and make available to the general public an informational pamphlet identifying appropriate and
useful facts, guidelines and how-to information relative to the preservation, protection and
replanting of trees.
(b) The town manager or his designee shall also develop, maintain and make available to
applicants for tree removal permits or tree replanting permits and to the general public, a tree
species reference book to provide more detailed information concerning tree care in general and
the characteristics, soil and growth requirements and other traits of specific tree species identified
on the town’s protected tree list and approved tree planting and replacement list.
(c) A current edition of the Texas Association of Nurserymen Grades and Standards, as
applicable, to the tree species on the town’s protected tree list and approved tree planting and
replacement list, shall be maintained by the town manager or his designee and made available to
applicants for building permits, tree removal permits or tree replanting permits and to the general
public, as only those trees meeting and planted or replanted in accordance with the applicable
Texas Association of Nurserymen Grades and Standards shall satisfy the tree planting, replanting
and/or replacement standards and requirements contained herein.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.04; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.245 Protected trees
(a) Designation of protected trees. A “protected tree” shall be any existing living tree of a
species or type listed on the town’s protected tree list and that has or possesses each of the
following characteristics or criteria:
(1) A single trunk of six inches (6") in caliper width or greater, measured at one foot (1')
above natural grade level, and at least eight feet (8') high; or a multi-trunk having a
total caliper width of eight inches (8"), measured by combining the caliper width of
the largest stem or branch with one-half (1/2) the caliper width of each additional
stem or branch, all measured at one foot (1') above natural grade level, and at least
twelve feet (12') high; and
(2) Located outside of a public street, alley, right-of-way, utility easement, drainage
easement, fence easement, pedestrian access easement, or other public right-of-way
or easement; or the buildable area of a building lot or site, as included on a record
plat approved by the town council and filed in the plat records of the county; or the
buildable area of a building lot or site, as included on a building permit site plan
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approved by the town. For the purposes of any development of a building lot or site
one (1) acre in area or larger, “buildable area” shall mean all that portion of the
building lot or site inclusive of the footprint of the building(s) and projected ten feet
(10') from the outside of the building footprint. For the purposes of any development
of a building lot or site less than one (1) acre in area, “buildable area” shall mean that
portion of the building lot or site not within the required front yard, side yard and rear
yard areas. For the purposes of issuing building permits, “buildable area” shall also
mean those areas on a building lot or site, as shown on the required site plan,
necessary for the construction of such other improvements as pools, tennis courts and
accessory buildings, excluding driveways and parking lots and including sufficient
adjacent area to allow for the normal operation of construction equipment.
(b) Exception. A protected tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects;
that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any
manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or
safety; or that is identified on approved construction plans as necessary to be removed to comply
with EPA or TCEQ stormwater permitting requirements or FHA lot grading plans.
(c) Approved tree list.
(1) Generally. The tree species lists contained herein have been developed and will be
periodically updated by the board and shall be maintained as guides for the
identification and selection of tree species that meet the various standards and
requirements of this division. Trees included on these tree species lists were selected
on the basis of one or more of the following criteria or factors: hardiness, resistance
to disease, suitability relative to local climate and soil conditions, adaptability for
transplantation, longevity, and to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
(2) Protected tree list. Only those tree species found on the following list shall be subject
to the preservation, protection and replanting requirements of this division.
Protected Tree List
American Elm (Ulmus americana)
Austrian Pine (Pinus nigra, Pinus nigra caramanica, Pinus
nigra nigra)
Bald Cypress (Taxodium distichum)
Black Walnut (Juglans nigra)
Blackjack Oak (Quercus marilandica)
Bur Oak (Quercus macrocarpa)
Carolina Buckthorn (Rhamnus caroliniana)
Cedar Elm (Ulmus crassifolia)
Chinese Pistache (Pistachia chinensis)
Chinkapin Oak (Quercus muehlenbergii)
Chittamwood (Bumelia languinosa)
Common Persimmon Diospyros virginiana)
Eldarica Pine (Pinus eldarica)
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Escarpment Live Oak (Quercus fusiformis)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus parvifolia)
Magnolia (Magnolia grandiflora)
Mexican Plum (Prunus mexicana)
Pecans and Hickories (Carya species)
Possum Haw (Ilex deciduas)
Post Oak (Quercus stellata)
Redbuds (Cercis species)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
Slippery Elm (Ulmus rubra)
Southern Live Oak (Quercus virginiana)
Sweet Gum (Liquidambar styraciflua)
Texas Buckeye (Aesculus glabra v. arguta)
Texas Red Oak (Quercus texana)
Water Oak (Quercus nigra)
Western Soapberry (Sapindus drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex vomitoria)
(d) Replanting of protected trees. No person, directly or indirectly, shall replant, relocate,
transfer or move from one location to another any protected tree on any real property within the
town without first obtaining a tree replanting permit.
(e) Replanting standards. Only those trees meeting and replanted in accordance with the
applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree
replanting requirements contained herein.
(f) Penalty for unauthorized replanting of protected trees. Any person replanting, relocating,
transferring or moving from one location to another any protected trees on any real property
within the town without first obtaining a tree replanting permit, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided in section 10.02.248(e)
below.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.05; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.246 Specimen trees
(a) Designation of specimen trees. Specimen trees shall be designated according to the
following provisions:
(1) Except as specified below, any tree listed on the town’s protected tree list and the
caliper of which is within fifty percent (50%) of the caliper width or circumference
(measured at one foot (1') above ground level) of the same such tree as listed in the
most current edition of the Big Tree Registry, as amended, published by the Texas
Forest Service, shall be considered a “specimen tree.” A copy of such registry shall
be available for review in the parks department. On a going-forward basis (as land is
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platted), a listing and map of all designated specimen trees shall be maintained and
updated by the town manager or his designee and made available to the public upon
request. In addition to the provisions of this subsection, a specimen tree shall be any
other tree that has been designated by the town council, upon recommendation by the
board, after public hearing and due notice to the owner of the tree, to be of high value
because of its type, size, age or other relevant criteria. Notwithstanding the foregoing,
the trees listed below shall be considered specimen trees in accordance with the
following schedule:
Type of Tree Percent of Big Tree Registry
Any tree not listed on the protected tree list in
section 10.02.245 herein
75%
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.06; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.247 Majestic or historic trees
(a) Designation of majestic or historic trees. Majestic or historic trees shall be designated
according to the following provisions:
(1) Majestic trees. Any tree listed on the town’s protected tree list and within seventy-
five percent (75%) of the caliper width or circumference (measured at one foot (1')
above ground level) of the same such tree as listed in the most current edition of the
Big Tree Registry, as amended, published by the Texas Forest Service, shall be
considered a majestic tree. A copy of such registry shall be available for review in the
parks department. A listing and map of all designated majestic trees shall be
maintained and updated by the town manager or his designee and made available to
the public upon request. In addition to the provisions of this subsection, a specimen
tree shall be any other tree that has been designated by the town council, upon
recommendation by the board, after public hearing and due notice to the owner of the
tree, to be of high value because of its type, size, age or other relevant criteria.
(2) Historic tree. Upon recommendation by the board, a historic tree shall be any tree
that has been designated by the town council, after public hearing and due notice to
the owner of the tree, as a tree of notable historical interest and value to the town
because of its location or historical association with the community. A listing and
map of all designated historic trees shall be maintained and updated by the town
manager or his designee and made available to the public upon request.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.07; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.248 Tree removal and replacement
(a) Removal of protected trees. No person, directly or indirectly, shall cut down, destroy,
remove or effectively destroy through damaging any protected, specimen, historic or majestic
tree, on any real property within the town without first obtaining a tree removal permit, as
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provided in section 10.02.250, Tree Permits, unless otherwise exempted by the terms of this
division.
(b) Permit required. Protected, specimen, historic or majestic trees shall not be removed prior
to the issuance of a tree removal permit, as provided in section 10.02.250. Under no
circumstances shall the clear-cutting of protected, specimen, historic or majestic trees on any real
property within the town be allowed prior to the issuance of a tree removal permit for such
property.
(c) Replacement trees required. It shall be the responsibility of any person obtaining a tree
removal permit to provide replacement tree(s) according to the following criteria:
(1) (A) Protected trees: Replace with tree(s) having a total caliper width equivalent to
one and one-half (1-1/2) times that of the trees to be removed.
(B) Specimen trees: Replace with tree(s) having a total caliper width equivalent to
two (2) times that of the trees to be removed.
(C) Historic or majestic trees: Replace with tree(s) having a total caliper width
equivalent to two and one-half (2-1/2) times that of the trees to be removed.
“Total caliper width” for replacement trees shall be measured as follows: For single-
trunk trees, the width shall be measured at one foot (1') above ground level. For
multi-trunk trees, “total caliper width” shall be calculated by combining the caliper
width of the largest stem or branch with one-half of the caliper width of each
additional stem or branch, all measured at one foot (1') above ground level.
Example: If a 6-inch (6") protected tree is removed, then that tree must be replaced
by trees with a total caliper width of nine inches (9"). This total caliper width could
be satisfied by one (1) nine-inch (9") caliper replacement tree, or three (3) three-inch
(3") caliper width replacement trees, or any other combination providing a total
caliper width of nine inches (9").
(2) Such replacement trees shall be container-grown and have a minimum caliper width
of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot (1")
[sic] above ground level. Alternatively, container-grown replacement trees may have
a minimum caliper width of four inches (4") measured at one foot (1") [sic] above
ground level. In any event, replacement trees shall have a minimum height of at least
six feet (6').
(3) At the discretion of the town manager or his designee, monetary compensation may
be paid to the town instead of providing the replacement trees as required by this
division. Any such payments shall be deposited in a special account or fund and used
by the town to provide and/or support supplemental landscape plantings in public
areas of the town or to support the administration and enforcement of the town’s tree
preservation regulations. A per-caliper-inch cash value for replacement trees shall be
set annually by the town council after review and recommendation by the board. The
town manager or his designee shall maintain a record of the current per-caliper-inch
cash value of replacement trees.
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(d) Acts specifically prohibited. The following acts are prohibited:
(1) It shall be unlawful for a person to violate any provision of this division.
(2) It shall be unlawful for any person to remove or cause to be removed from real
property subject to this division a protected, specimen, historic or majestic tree
without first obtaining a tree removal permit.
(3) It shall also be unlawful for a person to cause or to allow to cause a tree to be injured
as a result of a failure to follow and/or require the use of tree protection measures
specified herein such that the tree dies or may reasonably be expected to die.
(e) Replacement required upon conviction of offense. If a person fails to obtain a tree removal
permit as required by this division, then upon conviction of such violation in municipal court or
upon the entry of a plea of guilty or no contest, such person shall in addition to the fine imposed
by the court, provide a replacement tree or trees for each such violation. The replacement tree(s)
shall have a total caliper width equivalent to:
(1) Protected trees: Five (5) times that of the removed tree(s).
(2) Specimen trees: Ten (10) times that of the removed tree(s).
(3) Majestic or historic trees: Fifteen (15) times that of the removed tree(s).
Such replacement trees shall be container-grown and have a minimum caliper width of two and
one-half inches to three inches (2-1/2" to 3"), measured at one foot (1') above ground level. In any
event, replacement trees shall have a minimum height of at least six feet (6').
(f) Approved tree planting and replacement list. Only those tree species found on the following
approved tree planting and replacement list shall satisfy the tree planting and replacement
standards and requirements of this division.
Approved Tree Planting and Replacement List
Common Name Scientific Name
American Elm (Ulmus americana)
Lacebark Elm (Ulmus parvifolia)
Winged Elm (Ulmus alata)
Southern Live Oak (Quercus virginiana)
Escarpment Live Oak (Quercus fusiformis)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
Chinkapin Oak (Quercus muehlenbergii)
Bur Oak (Quercus macrocarpa)
Texas Red Oak (Quercus texana)
Water Oak (Quercus nigra)
Bald Cypress (Taxodium distichum)
Pecans and Hickories (Carya species)
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Common Name Scientific Name
Chinese Pistache (Pistachia chinensis)
Black Walnut (Juglans nigra)
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Eldarica Pine (Pinus eldarica)
Japanese Black Pine (Pinus thunbergii)
Leyland Cypress (Cupressocyparis leylandi)
Magnolia (Magnolia grandiflora)
Eastern Red Cedar (Juniperus virginiana)
Sweet Gum (Liquidambar styraciflua)
Western Soapberry (Sapindus drummondii)
(g) Approved median and right-of-way tree planting list. The following tree species shall be
allowed to be planted in medians and right-of-way when approved by the town. Additional tree
species with non-aggressive root systems/deep root systems may be authorized for planting by the
board upon necessity and good cause shown.
Approved Median and ROW Tree Planting List
Common Name Scientific Name
Aristocrat Pear (Pyrus)
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Bald Cypress (Taxodium distichum)
Black Walnut (Juglans nigra)
Burford Holly Ilex cornuta burfordii
Bur Oak (Quercus macrocarpa)
Carolina Buckthorn (Rhamnus caroliniana)
Chinese Pistache (Pistachia chinensis)
Chinkapin Oak (Quercus muehlenbergii)
Crepe Myrtle (Lagerstroemia indica)
Eldarica Pine (Pinus eldarica)
Fruitless Crabapples (Malus species)
Green Ash (Fraxinus pennsylvanica)
Hickories (Carya species)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus parvifolia)
Native Pecan (Carya species)
Nelly R. Stevens Ilex Nelly R. Stevens
Plum (Prunus species)
Possum Haw (Ilex deciduas)
Redbuds/Whitebuds (Cercis species)
Red Maple (Acer rubrum)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus shumardi)
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Common Name Scientific Name
Slash Pine (Pinus elliottii)
Slippery Elm (Ulmus rubra)
Sweet Gum (Liquidambar styraciflua)
Texas Buckeye (Aesculus glabra variety arguta)
Texas Red Oak (Quercus texana)
Thornless Honey Locust (Gleditsia triacanthos variety inermis)
Wax Myrtle (Myrica cerifera)
Western Soapberry (Sapindus drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex vomitoria)
(h) Distance from street corner and fireplugs. No tree shall be planted closer than thirty-five
feet (35') of any street corner, measured from the point of nearest intersecting curbs or curb lines.
Trees found in the rights-of-way shall be planted no closer than ten feet (10') of any fireplug.
(i) Utilities. No trees other than small species may be planted under or within ten (10) lateral
feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water
line, sewer line, transmission line or other utility.
(j) Public tree care. The town shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds,
as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of
such public grounds.
(k) Tree topping. It shall be unlawful as a normal practice for any person to top any tree
located on public property. Topping is defined as the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree’s crown to such a degree so as to remove the normal
canopy and disfigure the tree. Upon the written approval of the town manager or his designee,
trees severely damaged by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be exempted from the
requirements of this division.
(l) Pruning; corner clearance. Every owner of any tree overhanging any street or right-of-way
within the town shall prune the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection and so that there shall be a clear
space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all
dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the
safety of the public. The town shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street from a streetlight or interferes
with visibility of any traffic-control device or sign.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.08; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2010-06 adopted 2/15/10; Ordinance 2011-06, sec. 2.02,
adopted 3/21/11)
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Sec. 10.02.249 Tree protection measures
The following tree protection measures shall be required:
(1) Prior to any construction or any land development, the developer shall install four-
foot-high (4') plastic (or equivalent) safety fencing around the drip line of protected
trees and six-foot-high (6') chain-link fencing around the drip line of specimen,
majestic, and historic trees. Prior to and during construction or land development, all
protected trees within thirty feet (30') of a public right-of-way, public easement or
buildable lot area, as included on the applicable approved and filed record plat, shall
be marked with three-inch (3") wide red ribbon or tape.
(2) Prior to any construction or any land development, the developer shall establish
designated parking areas for the parking and maintenance of all vehicles, trailers,
construction equipment and related items and designated stockpile areas for the
storage of construction supplies and materials during construction of the subdivision.
The location and dimensions of said designated areas shall be clearly identified on
both subdivision construction and site plans. Said designated areas shall be
completely fenced with chain-link fencing and gates for safety purposes and to
separate protected, specimen, majestic or historic trees from the construction area and
related construction activity. The designated parking and stockpile areas may be
combined into one fenced area, provided the preservation of protected trees is not
adversely affected or jeopardized. Supplies and pipe and other items that are
customarily unloaded where installed shall not be required to be stored within the
designated stockpile areas.
(3) During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of
any protected, specimen, majestic or historic tree or group thereof.
(4) No attachments or wires of any kind, other than those of a protective nature, shall be
attached to any protected, specimen, historic or majestic tree.
(5) With major grade changes of six inches (6") or greater, a retaining wall or tree well
of rock, brick, or other approved materials shall be constructed around the tree no
closer than the drip line of the tree. The top of the retaining wall or tree well shall be
constructed at the new grade.
(6) Unless otherwise approved by the town manager or his designee or the board, no
construction or construction-related activity shall occur under the canopy or drip line
of any protected, specimen, majestic or historic tree or group thereof. Furthermore, if
a foundation, street or alley pavement, utility line, on-site sewerage facility, pool,
tennis court, patio, sidewalk, drive or parking lot must be constructed within the drip
line of a protected tree, it shall be constructed no closer than five feet (5') from the
trunk of such protected tree provided further that the portion of any driveway or
parking lot constructed within the drip line of any protected, specimen, majestic or
historic tree or group thereof shall be constructed of pavestone or other permeable
materials as approved by the town manager or his designee.
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(7) Any permitted trees removed during land development, construction, or construction-
related activities shall be chipped or hauled off-site. Burning of removed trees is
prohibited.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.09; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)
Sec. 10.02.250 Tree permits
(a) Tree replanting permit. Tree replanting permits shall be subject to the following
procedures.
(1) Application for tree replanting permit. An application for a tree replanting permit
may be submitted at any time and need not be submitted in conjunction with a
development plan, record plat or building permit. Tree replanting permits must be
obtained by making application to the town’s parks department on forms prescribed
by the town. No fee shall be charged to make application for a tree replanting permit.
The application shall also be accompanied by a written document indicating the
reasons for replanting of the protected tree or trees, and two (2) legible copies of a
site or plot plan, drawn to the largest practicable scale, indicating the following
minimum information:
(A) The existing location, caliper width, height, and common name of all protected
trees proposed to be replanted, and the proposed location or locations for such
replanting of such trees.
(B) The location of all existing or proposed structures, improvements, easements,
and site uses, properly dimensioned and referenced to property lines, setback
and yard requirements, and special relationships.
(C) The information required herein may be summarized in legend form on the site
or plot plan.
(2) Review of application for tree replanting permit. Upon receipt of a proper application
for a tree replanting permit, the town manager or his designee shall review the
application and may conduct field inspections of the site or development and/or refer
the permit application to other departments for review and recommendations as
deemed necessary and appropriate. The application for a tree replanting permit shall
be approved unless the town manager or his designee determines that the proposed
replanting will unnecessarily damage or jeopardize the health of the tree or trees
proposed to be replanted. Such determination lies within the sole discretion of the
town manager or his designee. A denial of an application for tree replanting permit
by the town manager or his designee may be appealed to the board. The decision of
the board may be appealed to the town council as provided in section 10.02.252 of
this division, the decision of [the town council on] such permit application is final.
(b) Tree removal permit. Tree removal permits shall be subject to the following procedures:
(1) Application for tree removal permit. Tree removal permits for the removal of
protected, specimen, majestic and historic trees in conjunction with the development,
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subdivision and/or resubdivision of real property shall be obtained by making
application to the town manager or his designee on forms prescribed by the town.
The application shall accompany the site plan or plat of the development and shall
include a written document indicating the reasons for removal of the protected tree or
trees. The application must be completed and signed by a registered arborist or
landscape architect and must include two (2) copies of a legible tree survey, drawn to
the largest practicable scale, indicating the following:
(A) The location, caliper width, height, and common name of all single-trunk trees
of six inches (6") caliper width or greater, measured at one foot (1') above
natural grade level, and at least twelve feet (12') high; and all multi-trunk trees
having a total caliper width of eight inches (8"), measured by combining the
caliper width of the largest stem or branch with one-half (1/2) the caliper width
of each additional stem or branch, all measured at one foot (1') above natural
grade level, and at least twelve feet (12') high.
(B) The location of both the trunk and drip line, caliper width, height, estimated
age (not to be determined using invasive measures which might damage the
tree), a reproducible color photograph, and common name of all protected,
specimen, majestic, and historic trees proposed to be removed.
(C) Provide existing natural grade elevation and proposed final grade elevation at
each location for which for each protected tree for which a tree removal permit
is requested.
(D) The location and dimensions of all existing or proposed public streets, alleys,
rights-of-way, utility easements, drainage easements, fence easements,
pedestrian access easements or other public rights-of-way or easements.
(E) The location of all existing or proposed property lines, lot lines, building lines,
setback and yard requirements, any proposed building footprint or floor plan,
and other special relationships or significant features of the proposed
development plan, record plat or site plan of the development.
(F) Existing and proposed site elevations, grades and major contours: including a
chart listing all protected, specimen, majestic, and historic trees, their
respective locations, and indicating where grades around protected trees will be
changed by six inches (6") or more.
(G) The information required herein shall be summarized in legend form on the
tree survey and shall include the reason for the proposed removal of the
protected tree or trees.
(H) Each tree shall be identified by numerical reference on the tree survey.
(I) Each tree shall be affixed with a permanent tag bearing the corresponding
number as depicted on the tree survey. The tag shall be permanently attached at
a height not less than five feet (5') nor more than six feet (6') above existing
grade on the south face of the tree.
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(J) The survey shall bear the stamp or seal of a registered surveyor relative to the
location of any trees and shall bear the stamp or seal of a registered landscape
architect, or registered arborist relative to the species of any trees.
(K) A sign shall be placed on each separate lot or tract for which a tree removal
permit is requested to inform the general public that an application for a tree
removal permit(s) has been filed relative to a protected, specimen, majestic, or
historic tree. The sign must meet the following criteria:
(i) The size of the sign(s) shall be three feet (3') by four feet (4') and be
made out of aluminum or corrugated plastic material;
(ii) The sign(s) shall be mounted on stakes/poles;
(iii) The sign(s) shall be visible from the street;
(iv) There shall be one (1) sign for each street frontage; and
(v) The sign(s) shall have a white background, with letters and borders being
green in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
(2) Review of application for tree removal permit. An application for a tree removal
permit shall be accompanied by the appropriate administrative fee as designated on
the schedule of fees adopted by the town council, including all amendments thereto.
Upon receipt of a proper application accompanied by the appropriate fee, the town
manager or his designee shall review the application and may conduct field
inspections of the development and/or refer the permit application to other
departments for review and recommendations as deemed necessary and appropriate.
(A) The application for a tree removal permit, if required, shall be considered an
integral part of the application for site plan or plat approval, as applicable, and
no site plan or plat subject to the requirements of this division shall be
approved without the approval of a tree removal permit.
(B) The town manager or his designee may approve, approve with conditions, or
deny a request for a tree removal permit for protected trees. An appeal of the
decision of the town manager or his designee may be made to the board.
(C) The board’s recommendation concerning an application for tree removal permit
shall be reviewed by the town council. The town council may then approve the
application, approve it with conditions, or deny the application; however, the
town council may overturn the denial of an application for tree removal permit
by the board only upon a finding that the subject development, subdivision or
resubdivision cannot reasonably be developed, based on economic and/or
practical considerations, without removal of the tree or trees included in the
permit application.
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(D) Approval for a tree removal permit authorizing the removal of a historic or
majestic tree shall require a three-fourths (3/4) majority vote of the board and
the town council, respectively.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.10; Ordinance 2009-04,
sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11; Ordinance adopting
Code)
Sec. 10.02.251 Land-disturbing activities
(a) Approval and permit required. No person shall engage in any land-disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other pre-
construction preparatory activity without the required approvals and permits. All such land-
disturbing activities shall be confined to the interior limits of the grading area identified on an
approved grading plan. A clearing and grading permit is required in the town prior to any land-
disturbing activity.
(b) Exceptions. It shall be an exception to the permit requirement of this section when a person
is engaging in one or more of the following activities:
(1) Land-disturbing activities in an emergency situation involving immediate danger to
life and property or substantial fire hazard;
(2) Land-disturbing activities of one (1) acre or less on a single lot, under one (1)
ownership, for the purpose of construction, landscaping and/or associated
improvements for a single-family residence to be constructed as indicated on the site
plan submitted to the town manager or his designee with an approved application for
a building permit;
(3) The removal of underbrush, dead trees or diseased or damaged trees which constitute
a hazard to life and property based upon a field inspection verification by the town
manager or his designee;
(4) Land-disturbing activities or other practices associated with and necessary to conduct
normal agricultural crop operations on a property, excluding timber cutting.
(c) Standards.
(1) General requirements. Following the approval of a preliminary plat by the planning
and zoning commission and the town council, and the issuance of a tree removal
permit by the permitting department, land-disturbing activities are permitted subject
to the following criteria:
(A) The applicant shall provide the town written acknowledgement that all grading
completed prior to the approval of a final plat is at the risk of the
developer/applicant and is subject to change based on the approval of the final
plat by the planning and zoning commission and town council and the release
of the construction plans.
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(B) All work must be in conformance with the approved tree removal permit, tree
protection plan and tree mitigation plan.
(C) All erosion control and tree protection devices must be in place prior to the
commencement of land-disturbing activities, and shall be properly maintained
at all times.
(D) The placement of fill shall be in strict conformance to the plans and
specifications provided for the project.
(E) The town engineer has reviewed the construction plans including drainage and
released them for grading only.
(F) No construction activity of any kind shall take place in the 100-year floodplain
without an approved conditional letter of map revision (CLOMAR).
(G) Land-disturbing activities and other operations shall not create or contribute to
landslides, accelerated soil creep, and/or settlement.
(H) Land-disturbing activities and other operations shall not create or contribute to
flooding, erosion, or increased siltation or other forms of pollution in a
watercourse.
(I) Land-disturbing activities and other operations shall be conducted so as to
expose the smallest practical area of soil to erosion for the least possible time,
consistent with anticipated build-out schedule.
(J) Debris, including but not limited to, tree limbs, construction material and other
non-earthen material shall be removed from cleared sites as it is created and
shall not be stockpiled on the site.
(K) All applicable fees shall be paid.
(2) Cut and fills.
(A) Slopes greater than three feet (3') in height shall be no steeper than two (2)
horizontal to one (1) vertical foot, except where approved retaining walls are
engineered and installed and where trenches are refilled with material from the
excavation or as approved by the town to meet other community or
environmental objectives.
(B) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
(C) When the owner of any parcel raises[,] lowers, or alters the level or existing
grade of a site by fill or excavation; he or she shall, at their expense, take all
steps necessary to ensure compliance with the following:
(i) Take or cause to be taken all actions necessary to protect all adjoining
property from encroachment by such fill or excavation, or danger of
collapse due to such excavation either by the erection of an engineered
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retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
(ii) When engaging in land-disturbing activities; including, but not limited
to, cut and fill, such person shall not alter or otherwise compromise the
intent or use of existing drainage and utility easements as originally
designed and approved by the town.
(iii) Establishing ground cover. A temporary ground cover shall be
established on all graded or disturbed areas not intended to be developed
within fourteen (14) days of completion of any land-disturbing activity.
(d) Grading plan evaluation criteria. When evaluating a grading plan, the town manager or his
designee shall review the grading plan for compliance with the following criteria:
(1) Appropriate footprint sizes are identified on the grading plan and developments are
designed in accordance with the natural terrain and drainage of the site. Erosion
prevention and control measures are utilized, including protection of natural swales
and drainage areas. Severely eroded areas are stabilized.
(2) Mass cutting, filling and benching or terracing of existing slopes to create additional
or larger building sites are prohibited; therefore, the grading plan shall not include or
propose any such activity. The grading plan provides for the use of alternative
treatments; including, but not limited to, building the structure with slopes of the
natural terrain, the use of internal or external building retaining walls, and the use of
low retaining walls on the site to reduce site grading. Mass site grading is prohibited.
(3) The grading plan includes all information necessary for the town manager or his
designee to determine that the project will result in the reasonable preservation of
trees under the standards set forth in section 10.02.245 of this division and the
requirements of this section.
(4) The area for which land-disturbing activity is proposed is limited by design to the
area of construction, and the site is left in its natural state otherwise during the course
of construction.
(5) The grading plan shall include all information necessary for the town manager or his
designee to determine that it provides for the reasonable preservation of trees and
understory, and that the following criteria have been met regarding the selection of
trees to be preserved or removed. When making such determination, the town
manager or his designee shall consider all relevant factors, including but not limited
to the following:
(i) Proximity of the tree’s or trees’ critical root zone or drip line to proposed
grading activity.
(ii) That all necessary and appropriate permanent tree protection methods are
employed to protect the preserved tree from damage where the tree’s critical
root zone may be impacted.
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(iii) Other remedial or protective measures have been employed, including site
design which improves the chances for tree survival.
(iv) Temporary tree protection methods are adequately employed.
(v) Construction methods for utility service to the site are used that allow
protection and preservation of additional trees; such as, tunneling under the
critical root zones, tree walls, or tree wells.
(vi) Utility trenching activities are indicated on the plan.
(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05;
Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.11; Ordinance 2007-02,
sec. II, adopted 2/5/07; Ordinance 2009-04, sec. II, adopted 2/16/09)
Sec. 10.02.252 Appeals
Any person or entity affected by an action or determination taken under this division may appeal
such action by filing a written notice of appeal to the town manager within ten (10) days of
his/her receipt of town’s action or determination. Upon receipt of such appeal, the town manager
shall forward the appeal to the board for consideration and recommendation to town council. The
board shall hear appeals within thirty (30) days of receipt of the notice of appeal by the town
manager. The person requesting relief shall have the burden of demonstrating that good cause
exists for the board to recommend that the action or determination of the town be reversed or
amended. The board shall forward its recommendation to the town council for final decision. The
town council shall be the final authority for making a good cause determination under this section
and shall make such determination within thirty (30) days after the board has made its
recommendation. Economic hardship alone is not sufficient to support a finding that good cause
exists. (Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06;
2006 Code, ch. 12, sec. 8.12; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06,
sec. 2.02, adopted 3/21/11)
ARTICLE 10.03 PARKLAND DEDICATION AND OPEN SPACE
Sec. 10.03.001 Purpose
(a) This article is adopted to provide recreational areas in the form of neighborhood parks as a
function of subdivision development in the town. This article is enacted in accordance with the
home rule powers of the town, granted under the state constitution, and the statutes of the state,
including, but not by way of limitation, V.T.C.A., Local Government Code section 54.004, and
ch. 212. It is hereby declared by the town council that recreational areas in the form of
neighborhood parks are necessary and in the public welfare, and that the only adequate procedure
to provide for neighborhood parks is by integrating such a requirement into the procedure for
planning and developing property or subdivision in the town, whether such development consists
of new construction on vacant land or rebuilding and remodeling of structures on existing
residential property.
(b) Neighborhood parks are those parks providing for a variety of outdoor recreational
opportunities and within convenient distances from a majority of the residences to be served
thereby. The primary cost of neighborhood parks should be borne by the ultimate residential
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property owners who, by reason of the proximity of their property to such parks, shall be the
primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes
stated.
(Ordinance 2005-19, sec. II, adopted 8/15/05; Ordinance 2006-06, sec. II, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.01)
Sec. 10.03.002 Dedication procedures
(a) Whenever a final plat is filed on record with the county clerk of Denton or Tarrant County
for development of a residential area in accordance with the planning and zoning ordinances of
the town, such plat shall contain a clear fee simple dedication of an area of land to the town for
park purposes, which area shall equal one (1) acre for every 44 proposed dwelling units.
(b) The town council declares that development of an area smaller than five (5) acres for public
park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat
filed for approval, the developer shall be required to pay the applicable cash in lieu of land
amount provided by section 10.03.003, rather than to dedicate any land area. No plat showing a
dedication for park purposes of less than five (5) acres shall be approved.
(c) In all other instances, the town shall have the right to accept the dedication for approval on
the final plat, or to refuse the dedication, after consideration of the recommendation of the
planning and zoning commission and the parks and recreation director, and to require payment of
cash in lieu of land in the amount provided by section 10.03.003, if the town determines that
sufficient park area is already in the public domain in the area of the proposed development, or if
the recreation potential in the area of the proposed [development] would be better served by
expanding or improving existing parks.
(Ordinance 2005-19, sec. III, adopted 8/15/05; Ordinance 2006-06, sec. III, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.02)
Sec. 10.03.003 Money in lieu of land
Where town council determines that a payment of money in lieu of land shall be made, the
following provisions shall apply:
(1) Amount required to be paid.
(A) Any payment of money required to be paid by this article shall be in an amount
equal to the average per-acre value of the whole property included within the
residential development. The acquisition price for land shall be equal to the
appraised value of the land existing in effect at the time of final plat approval.
(B) In determining the average per-acre value of the total land included within the
proposed residential development, the town council may base its determination
on one or more of the following:
(i) The most recent appraisal of all or part of the property made by the
central appraisal district;
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(ii) Confirmed sale prices of all or part of the property to be developed, or
comparable property in close proximity thereof, which have occurred
within two (2) years immediately proceeding the date of determination;
or
(iii) Where, in the judgment of the town council, subsection (i) or (ii) above
would not, because of changed conditions, be a reliable indication of the
then current value of land being developed, an independent appraisal of
the whole property shall be obtained by the town and paid for by the
developer.
(Ordinance 2005-19, sec. IV, adopted 8/15/05; Ordinance 2006-06, sec. IV, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.03)
Sec. 10.03.004 Additional requirements
(a) Any land dedicated to the town under this article must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable:
(1) Any area primarily located in the 100-year floodplain.
(2) Any areas of unusual topography, slope or other characteristics which render same
unusable for organized recreational activities or other parks and recreational uses.
Such characteristics of a parkland dedication area may be grounds for refusal of any preliminary
plat.
(b) Land listed in subsection (a) of this section may be accepted by the town council, provided
that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land.
(c) Drainage areas may be accepted as part of a park if the channel is constructed in accordance
with town engineering standards, and if no significant area of the park is cut off from access by
such channel.
(d) Each park must have ready access to a public street.
(e) Unless provided otherwise in this section, an action by the town shall be by the town
council, after consideration of the recommendations of the planning and zoning commission and
the parks and recreation director and his recommendation to the town council.
(Ordinance 2005-19, sec. V, adopted 8/15/05; Ordinance 2006-06, sec. V, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.04)
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Sec. 10.03.005 Credit for conveyance of floodplains
In cases where floodplain land or property is proposed for conveyance to satisfy the parkland
requirements, a credit will be given upon the following criteria:
Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain.
(Ordinance 2005-19, sec. VI, adopted 8/15/05; Ordinance 2006-06, sec. VI, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.05)
Sec. 10.03.006 Minimum park improvements
In cases where land dedication is chosen, the following minimum criteria must be adhered to by
the developer, at the developer’s expense, prior to acceptance of the improvements by the town.
The developer shall:
(1) Grade and clear unwanted vegetation, to be determined by the town;
(2) Provide water and sewer service to the site.
(Ordinance 2005-19, sec. VII, adopted 8/15/05; Ordinance 2006-06, sec. VII, adopted 3/6/06;
2006 Code, ch. 5, sec. 5.06)
Sec. 10.03.007 Appeals
Unless otherwise provided herein, an action by the town in determining compliance with the
terms of this article refers to a determination made by the parks and recreation director. The
developer/owner of land subject to parkland dedication requirements may appeal any
determination by the parks and recreation director under this article to the town council for a final
decision. The appeal shall be in writing and shall be filed with the planning and zoning
commission, which shall make its recommendation to the town council. The town council will not
review the appeal of any determination by the parks and recreation department without first
obtaining the recommendation of the planning and zoning commission. No final plat shall be
approved by the planning and zoning commission which varies the terms of this article or which
does not comply with the parks and recreation department’s determination without final
resolution of the appeal by the town council. (Ordinance 2006-06, sec. VIII, adopted 3/6/06; 2006
Code, ch. 5, sec. 5.07)
Sec. 10.03.008 Biennial review of ordinance
Prior to one (1) year after the effective date of this article, the parks and recreation director shall
review the parkland dedication ordinance and make any recommendations for revision to the
town council. Thereafter, at least once every two (2) years, the parks and recreation director shall
review the parkland dedication ordinance and make any recommendations for revision to the
town council. (Ordinance 2005-19, sec. VIII, adopted 8/15/05; Ordinance 2006-06, sec. IX,
adopted 3/6/06; 2006 Code, ch. 5, sec. 5.08)
Sec. 10.03.009 Dedication or payment required prior to beginning development
It shall be unlawful for any person who is required to convey land, or pay money in lieu of land,
as required by this article, to begin, or allow any other person or contractor to begin, any
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construction or improvements on any land within the development to which this article applies,
until the required conveyance of land or payment of money in lieu of land is made to the town in
accordance with this article. (Ordinance 2005-19, sec. IX, adopted 8/15/05; Ordinance 2006-06,
sec. X, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.09)
Sec. 10.03.010 Dedication or payment required prior to issuance of building permits or
provision of utility service
No building permits shall be issued for, and no permanent utility services shall be provided to any
land within any development to which this article applies until the required conveyance of land or
payment of money in lieu of land is made to the town in accordance with this article. (Ordinance
2005-19, sec. X, adopted 8/15/05; Ordinance 2006-06, sec. XI, adopted 3/6/06; 2006 Code, ch. 5,
sec. 5.10)
Sec. 10.03.011 Increase in proposed number of dwelling units
After the town council has made a determination of the requirements of this article, or after the
requirements of this article have been met, based upon the proposed number of residential
dwelling units for any land to which this article applies, any person who desires to construct a
number of dwelling units in excess of the number of dwelling units for which the requirements of
this article were determined or met must submit to the town council a revised zoning proposal for
additional dwelling units for the development. Once the town council has approved a zoning
ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall
either convey additional parkland through a plat or replat, or shall pay a fee in lieu of parkland for
the additional dwelling units, at issuance of building permits. Where a payment of money was
originally made to meet the requirements of this article, the person proposing to construct
additional dwelling units may be required to convey land for all or part of the development. In
such case, after the required conveyance is made, the payments, or portion thereof, previously
made, which are satisfied by the dedication of land, shall be returned by the town. (Ordinance
2005-19, sec. XI, adopted 8/15/05; Ordinance 2006-06, sec. XII, adopted 3/6/06; 2006 Code, ch.
5, sec. 5.11)
Sec. 10.03.012 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not more than two thousand dollars ($2,000.00), and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues. (Ordinance 2005-19, sec.
XII, adopted 8/15/05; Ordinance 2006-06, sec. XIII, adopted 3/6/06; 2006 Code, ch. 5, sec. 5.12)
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CHAPTER 11
TAXATION
ARTICLE 11.01 GENERAL PROVISIONS.............................................................................11-7
Sec. 11.01.001 Penalty for collection costs for delinquent taxes and assessments......11-7
ARTICLE 11.02 HOTEL OCCUPANCY TAX........................................................................11-7
Sec. 11.02.001 Definitions...........................................................................................11-7
Sec. 11.02.002 Levy; collection...................................................................................11-8
Sec. 11.02.003 Exemptions and refunds......................................................................11-9
Sec. 11.02.004 Reports and records...........................................................................11-10
Sec. 11.02.005 Failure to file report or pay tax..........................................................11-10
Sec. 11.02.006 Use of revenue...................................................................................11-11
Sec. 11.02.007 Criminal penalty................................................................................11-12
ARTICLE 11.03 SALES AND USE TAX...............................................................................11-12
Sec. 11.03.001 Sales tax elections..............................................................................11-12
[Next page is 11-7.]
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ARTICLE 11.01 GENERAL PROVISIONS*
Sec. 11.01.001 Penalty for collection costs for delinquent taxes and assessments
There shall be imposed on delinquent town property taxes and delinquent Trophy Club Public
Improvement District No. 1 assessments that become due or that are delinquent on the dates
described in sections 33.07, 33.08 and 33.11, Texas Property Tax Code, a penalty in the amount
of compensation specified in the most recent contract entered into for the collection of delinquent
property taxes and PID assessments, such amount not to exceed twenty percent (20%) of the
amount of delinquent tax, penalty, and interest collected. (2006 Code, ch. 15, sec. 2.01;
Ordinance 2008-18, sec. II, adopted 7/21/08; Ordinance adopting Code)
State law reference–Contract with attorney for collection of taxes, V.T.C.A., Tax Code, sec. 6.30.
ARTICLE 11.02 HOTEL OCCUPANCY TAX†
Sec. 11.02.001 Definitions
Chief financial officer. The finance director for the town or his or her designee.
Hotel. A building in which members of the public obtain sleeping accommodations for
consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, hostel,
lodging house, inn, rooming house, or bed and breakfast. The term does not include:
(1) A hospital, sanitarium, or nursing home; or
(2) A dormitory or other housing facility owned or leased and operated by an institution
of higher education or a private or independent institution of higher education as
those terms are defined by section 61.003, Education Code, used by the institution for
the purpose of providing sleeping accommodations for persons engaged in an
educational program or activity at the institution.
Interruption of payment. A breach of the obligation to make continuous timely payment for one
or more days or parts of a day within a period of thirty (30) consecutive days of occupancy.
Permanent resident. An occupant whose use, possession or whose right to use or possession of a
hotel sleeping room extends for at least thirty (30) consecutive days and where there is no
interruption of payment for the period and where, prior to using or possessing the hotel sleeping
room, the occupant(s) have executed a written agreement for use or possession of a hotel sleeping
room for a period of thirty (30) consecutive days as required by the state comptroller’s office.
Person. Any individual, company, firm, corporation, association or legal entity owning,
operating, managing or controlling any hotel as defined herein.
* Charter references–Fiscal year, section 9.01; power to tax, section 9.18; tax rate, section 9.19.
† State law reference–Authority of municipality to impose hotel occupancy tax, V.T.C.A., Tax Code, ch.
351.
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Quarterly period. The regular calendar quarters of the year, the first quarter being composed of
the months of January, February, and March, the second quarter being the months of April, May
and June, the third quarter being the months of July, August and September, and the fourth
quarter being the months of October, November and December.
Revenue. Includes any interest derived from the revenue or tax.
(Ordinance 2006-47, sec. 2 (1.01), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.01)
Sec. 11.02.002 Levy; collection
(a) Tax rate. There is hereby levied a tax upon the cost of occupancy of any room ordinarily
used as a sleeping room furnished by any hotel within the town where such cost of occupancy is
at the rate of $2.00 or more each day, such tax to be equal to the maximum tax as is now or as
hereafter permitted by state law.
(b) Room price. The price of a room in a hotel does not include the cost of food served by the
hotel, the cost of personal services performed by the hotel for the person, except for those
services related to cleaning and readying the room for use or possession, any tax assessed by any
other governmental agency for occupancy of the room, or the cost of any other products or
services not included in or allowed as a part of the price of a room.
(c) Permanent residents excluded. The tax does not apply to a person who is a permanent
resident as defined herein.
(d) Applicability in extraterritorial jurisdiction. Pursuant to state law, the tax authorized by this
article shall be imposed on all hotels located within the extraterritorial jurisdiction of the town,
provided that the combined rate of state, county, and municipal hotel occupancy taxes in the
extraterritorial jurisdiction does not exceed fifteen (15) percent of the price paid for a room in the
hotel.
(e) Collection and remittance; late penalties. The revenue obtained by a hotel as a result of this
tax shall be collected by the hotel and paid to the town monthly. A report shall be filed with the
town in the form required by the chief financial officer to accurately reflect the amount of taxes
owed and revenue obtained. The tax and report shall be submitted to the town on or before 5:00
p.m. on the twentieth (20th) day following the last day of each reporting period. The chief
financial officer shall have the authority to make such rules and regulations as are necessary to
effectively report and collect the tax, penalty and/or interest levied by this article and state law. If
the report is filed or tax is paid after the due date required by this article, in addition to the
amount of tax due hereunder, a penalty shall be imposed as follows:
(1) If the report and/or tax are received by the town within ten (10) days following the
due date, a penalty of ten percent (10%) of the amount due shall be paid to the town.
(2) If the report and/or tax are received by the town on or after the eleventh (11th) day
after the due date, a penalty of fifteen percent (15%) of the amount due shall be paid
to the town.
(f) Collection procedures on purchase of hotel. If a person who is liable for the payment of a
tax under this article is the owner of a hotel and sells the hotel, the successor to the seller or the
seller’s assignee shall withhold an amount of the purchase price sufficient to pay the amount due
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until the seller provides a receipt by the town’s chief financial officer showing that the amount
has been paid or a certificate showing that no tax is due. The town’s chief financial officer shall
issue the certificate or statement not later than the 60th day after the date that he/she receives the
request. Failure of the chief financial officer to timely provide the certificate or statement
required by this section shall release the purchaser from the obligation to withhold the purchase
price or pay the amount due. The purchaser of a hotel who fails to withhold an amount of the
purchase price as required by this article and state law is liable to the town for the amount
required to be withheld to the extent of the value of the purchase price.
(Ordinance 2006-47, sec. 2 (1.02), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.02)
Sec. 11.02.003 Exemptions and refunds
(a) Exemptions. This article does not impose a tax on any of the following occupants:
(1) Qualifying religious, charitable or educational entities. A corporation or association
that is organized and operated exclusively for a religious, charitable, or educational
purpose if no part of the net earnings of the corporation or association inure to the
benefit of a private shareholder or individual. For purposes of this exemption, a
public or private institution of higher education is organized and operated exclusively
for an educational purpose only if the institution is defined as a Texas institution of
higher education or as a Texas private or independent institution of higher education
under any subdivision of section 61.003, Texas Education Code, as amended.
(2) United States government. United States government agencies and their officers or
employees when traveling or otherwise engaged in the course of official duties for
the governmental entity.
(3) Military personnel. Military personnel traveling on official military business.
(4) Qualifying state entities. The State of Texas, or any agency, institution (excluding
state educational institutions), board or commission of the state and their officers or
employees when traveling or otherwise engaged in the course of official duties.
Notwithstanding the foregoing, a state governmental entity described by this section
shall pay the tax imposed by this article but is entitled to a refund of the tax paid.
(5) Qualifying state officer or employee. A state officer or employee of a state
governmental entity described by section (4) above who is entitled to reimbursement
for the costs of lodging and for whom a special provision or exception to the general
rate of reimbursement under the General Appropriation Act applies and who is
provided with photo identification verifying the identity and exempt status of the
person is exempt from the payment of the tax.
(6) Diplomatic personnel. Diplomatic personnel who present a tax exemption card issued
by the United States Department of State.
(7) Occupants qualifying as permanent residents. Occupants whose use, possession or
whose right to use or possession of a hotel sleeping room extends for at least thirty
(30) consecutive days and where there is no interruption of payment for the period as
defined herein, and where such person has complied with the requirement to execute
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a written agreement for thirty (30) days of consecutive use prior to commencing such
use or possession as required by the state comptroller.
(8) Exemption certificate received in good faith. The right to use or possess a room in a
hotel is exempt from taxation under this article if the person required to collect the
tax receives in good faith from a guest an exemption certificate stating the following
qualifications for an exemption: the person is a state officer or employee of a state
governmental entity described in subsection (4) above for whom a special provision
or exception to the general rate of reimbursement under the General Appropriations
Act applies and who is provided with photo identification verifying the identity and
exempt status of the person is not required to pay the tax and is not entitled to a
refund.
(b) Refunds. Refunds are allowed as provided by state law and shall be subject to the following
regulations:
(1) Time limit. A governmental entity claiming a refund must file a refund claim with the
town only for each calendar quarter for all reimbursements accrued during that
quarter. Claims filed outside of this time period will not be reimbursed.
(2) Refund form. In order to receive a refund, the governmental entity entitled to the
refund shall file a refund claim on a form provided by the town and containing the
information required by the town as prescribed by the rules of the state comptroller.
(Ordinance 2006-47, sec. 2 (1.03), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.03)
Sec. 11.02.004 Reports and records
(a) Every hotel within the town shall keep and maintain accurate records of the consideration
and hotel occupancy tax paid by the occupant of each sleeping room in the hotel. Such records
shall include, but not be limited to, guest folios, tax exemption certificates, and any original
documents such as posting ledgers and rate and stay adjustment reports, and any other documents
necessary to provide the information on the town hotel occupancy tax reporting form required by
the chief financial officer and the state form for reporting hotel occupancy tax to the
comptroller’s office. These reports may be retained in any retrievable format, including but not
limited to microform, and shall be maintained for a period of not less than four (4) years, and
shall be available for inspection upon request by any employee, agent, officer or representative of
the town at all reasonable times. Any adjustments or allowances made or granted shall be
reported to the town on a form provided by the chief financial officer.
(b) It shall be unlawful for any person to fail to perform an act required by this article,
including but not limited to compliance with the requirements to collect, pay and accurately
report taxes as required by this article and state law.
(Ordinance 2006-47, sec. 2 (1.04), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.04)
Sec. 11.02.005 Failure to file report or pay tax
(a) Legal action. The town attorney or other attorney acting on behalf of the town is authorized
to bring suit against a person who is required to collect the tax imposed by this article and pay the
collections over to the town and who has failed to file a tax report or pay the tax when due in
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order to collect the tax not paid, or may enjoin the person from operating a hotel in the town until
the tax is paid or the report filed in accordance with a court order. In addition to the amount of
any tax owed under this article, the person is liable to the town for:
(1) The town’s reasonable attorney’s fees;
(2) The costs of an inspection or an audit conducted under section 11.02.004 or this
section as determined by the town using a reasonable rate, but only if the tax has been
delinquent for at least two complete municipal fiscal quarters at the time the audit is
conducted; and
(3) A penalty equal to fifteen (15) percent of the total amount of the tax owed.
(b) Audits.
(1) If the person required to file a tax report under this article does not file the report as
required by the town, the town attorney or other attorney acting for the town may
determine the amount of tax due under this article by:
(A) Conducting an audit of each hotel in relation to which the person did not file
the report as required by the town; or
(B) Using the tax report filed for the appropriate reporting period under section
156.151 of the Texas Tax Code, as amended.
(2) The authority to conduct an audit under this section is in addition to any other audit
authority provided by statute, charter, or ordinance.
(c) Statute of limitations. A limitation period relating to the time allowed to assess taxes and
bring a suit to collect taxes does not apply to a tax imposed under this article or to a suit brought
under this section.
(d) Estimation of tax. If a person fails to a file a tax report as required under state law or this
article for the required reporting period, the town attorney or other attorney acting for the town
may estimate the amount of tax due by using the tax reports in relation to the hotel that were filed
during the previous calendar year under this article or state law. An estimate made under this
section is prima facie evidence of the amount of tax due for that period in relation to that hotel.
(Ordinance 2006-47, sec. 2 (1.05) adopted 12/4/06; 2006 Code, ch. 15, sec. 1.05)
Sec. 11.02.006 Use of revenue
(a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and
the convention and hotel industry, and that use is limited to the following:
(1) Acquisition of sites. The acquisition of sites for the construction, improvement,
enlarging, equipping, repairing, operation, and maintenance of convention center
facilities or visitor information centers, or both;
(2) Convention facilities, personnel and materials. The furnishing of facilities, personnel,
and materials for the registration of convention delegates or registrants;
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(3) Advertising and promotions. Advertising and conducting solicitations and promotion
programs to attract tourists and convention delegates or registrants to the town or its
vicinity;
(4) Promotion of the arts. The encouragement, promotion, improvement and application
of the arts, including instrumental and vocal music, dance, drama, folk art, creative
writing, architecture, design and allied fields, painting, sculpture, photography,
graphic and craft arts, motion pictures, radio, television, tape and sound recording,
and other arts related to the presentation, performance, execution, and exhibition of
these major art forms;
(5) Historic restoration. Historical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums:
(A) At or in the immediate vicinity of convention center facilities or visitor
information centers; or
(B) Located elsewhere in the town or its vicinity that would be frequented by
tourists and convention delegates;
(6) Other uses. Other qualifying uses as set forth in section 351.101 of the Tax Code, as
amended, or other applicable law.
(b) Expenses for daily operations. Hotel occupancy tax revenue spent for a purpose authorized
by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel
expenses, and other administrative costs only if those administrative costs are incurred directly in
the promotion and servicing expenditures authorized under subsection (a) of this section.
(c) Allocation of revenue. Allocation of tax revenues for the purposes specified in subsection
(a)(3) of this section shall be in an amount not less than the amount of revenue received by the
town from the tax at a rate of one (1) percent of the cost of a room.
(Ordinance 2006-47, sec. 2 (1.06), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.06)
Sec. 11.02.007 Criminal penalty
Any person who violates this article shall be guilty of a misdemeanor, and each day the violation
is allowed to exist or continues to exist shall be a separate offense. Each such offense shall be
punishable by a fine not to exceed $500.00. The penalties provided in this article are cumulative
of any other remedies and/or actions for collection available to the town by law. (Ordinance
2006-47, sec. 2 (1.07), adopted 12/4/06; 2006 Code, ch. 15, sec. 1.07)
ARTICLE 11.03 SALES AND USE TAX
Sec. 11.03.001 Sales tax elections
Ordinances calling elections as well as those certifying election results for the imposition of sales
and use taxes are on file in the office of the town secretary. (Ordinance adopting Code)
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CHAPTER 12
TRAFFIC AND VEHICLES
ARTICLE 12.01 GENERAL PROVISIONS.............................................................................12-7
Sec. 12.01.001 Definitions...........................................................................................12-7
Sec. 12.01.002 Penalty.................................................................................................12-8
Sec. 12.01.003 Obstructions to visibility at intersections............................................12-8
Sec. 12.01.004 Applicability of traffic regulations on private streets..........................12-8
Sec. 12.01.005 Locally enforced motor vehicle idling limitations..............................12-9
Sec. 12.01.006 Operation of law enforcement emergency vehicle without using
warning devices...............................................................................12-10
ARTICLE 12.02 TRAFFIC-CONTROL DEVICES................................................................12-11
Division 1. Generally.............................................................................................................12-11
Sec. 12.02.001 Uniformity; conformance to manual.................................................12-11
Sec. 12.02.002 Obedience..........................................................................................12-11
Sec. 12.02.003 Privileges of drivers of authorized emergency vehicles....................12-12
Sec. 12.02.004 Unauthorized devices........................................................................12-12
Sec. 12.02.005 Interference........................................................................................12-13
Sec. 12.02.006 Manual operation of traffic signals by school crossing guard...........12-13
Sec. 12.02.007 Installation and maintenance.............................................................12-13
Sec. 12.02.008 Evidence of validity...........................................................................12-14
Division 2. Locations.............................................................................................................12-14
Sec. 12.02.031 Stop signs..........................................................................................12-14
Sec. 12.02.032 U-turns...............................................................................................12-27
Sec. 12.02.033 Emergency signs................................................................................12-27
ARTICLE 12.03 OPERATION OF VEHICLES.....................................................................12-28
Division 1. Generally.............................................................................................................12-28
Division 2. Speed Regulations..............................................................................................12-28
Sec. 12.03.041 Maximum speed generally................................................................12-28
Sec. 12.03.042 Special speed zones...........................................................................12-28
Sec. 12.03.043 Signs..................................................................................................12-29
ARTICLE 12.04 PARKING.....................................................................................................12-30
Sec. 12.04.001 Definitions.........................................................................................12-30
Sec. 12.04.002 Presumption that vehicle owner is responsible for violation.............12-30
Sec. 12.04.003 Prohibited parking generally.............................................................12-30
Sec. 12.04.004 Parking on unapproved surface.........................................................12-31
Sec. 12.04.005 Parking near certain crosswalks........................................................12-31
Sec. 12.04.006 Exception for emergency vehicles and governmental vehicles.........12-32
Sec. 12.04.007 Parking near safety zone, fire lane or fire hydrant.............................12-33
Sec. 12.04.008 Overnight parking..............................................................................12-33
Sec. 12.04.009 Parking for disabled persons.............................................................12-34
ARTICLE 12.05 COMMERCIAL VEHICLES.......................................................................12-35
Division 1. Generally.............................................................................................................12-35
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Trophy Club Code of Ordinances Chapter 12: Traffic and Vehicles
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Division 2. Overweight Vehicles..........................................................................................12-35
Sec. 12.05.031 Compliance; permit for special loads................................................12-35
Sec. 12.05.032 Weight limits.....................................................................................12-36
Sec. 12.05.033 Permit procedures..............................................................................12-37
Sec. 12.05.034 Liability for damage..........................................................................12-38
Sec. 12.05.035 Vehicles used to transport solid waste...............................................12-38
Sec. 12.05.036 Vehicles transporting ready-mix concrete.........................................12-38
Sec. 12.05.037 Weighing of vehicles by police officers; procedure when weight
exceeds permitted weight................................................................12-39
ARTICLE 12.06 MOTOR-ASSISTED SCOOTERS, MINI-MOTORBIKES AND
POCKET BIKES ...........................................................................................................12-40
Sec. 12.06.001 Definitions.........................................................................................12-40
Sec. 12.06.002 Penalty...............................................................................................12-41
Sec. 12.06.003 Operation...........................................................................................12-41
ARTICLE 12.07 MOTORIZED CARTS.................................................................................12-42
Sec. 12.07.001 Applicability/exemptions..................................................................12-42
Sec. 12.07.002 Definitions.........................................................................................12-43
Sec. 12.07.003 Operational regulations.....................................................................12-45
Sec. 12.07.004 Equipment.........................................................................................12-46
Sec. 12.07.005 Permits and cart operation stickers....................................................12-48
[Next page is 12-7.]
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ARTICLE 12.01 GENERAL PROVISIONS*
Sec. 12.01.001 Definitions
When used in this chapter, the following words and phrases shall have the respective meanings
ascribed to them:
Alley. A street that is not used primarily for through traffic and provides access to rear entrances
of buildings or lots along a street.
Chief or chief of police. The chief of police of the town or his or her designee.
Commercial motor vehicle. Any motor vehicle, other than a motorcycle, designed or used for the
transportation of property, including every vehicle used for delivery purposes.
Motor vehicle. Every vehicle, as herein defined, which is self-propelled.
Semi-trailer. Every vehicle of the trailer type so designed or used in conjunction with a motor
vehicle that some part of its own weight and that of its own load rests upon or is carried by
another motor vehicle.
Stoplight. A traffic-control signal displaying different colored lights or colored lighted arrows
successively or in a combination, and may display only green, yellow, or red, and applies to
operators of vehicles as provided by the Texas Transportation Code.
Street. Every street, road and alley within the town, exclusive of state highways within the town.
Trailer. Every vehicle without motor power designed or used for carrying property or passengers
wholly on its own structure and to be drawn by a motor vehicle.
Truck-tractor. Every motor vehicle designed or used primarily for drawing other vehicles, and
not so constructed as to carry a load other than a part of the weight of the vehicle and load so
drawn, except that [the term includes a motor vehicle that is otherwise a truck-tractor, that] is
engaged with a semi-trailer in the transportation of automobiles, and that transports motor
vehicles on part of the truck-tractor.
Vehicle. Every mechanical device in, upon or by which any person or property is or may be
transported or drawn upon a public highway, including motor vehicles, commercial motor
vehicles, truck-tractors, trailers, and semi-trailers, severally, as herein defined, but excepting
devices moved by human power or used exclusively upon stationary rails or tracks.
(Ordinance 2004-09, sec. II, adopted 2/16/04; Ordinance 2005-26, sec. II, adopted 10/3/05; 2006
Code, ch. 10, sec. 2.01)
* State law references–Rules of the road, V.T.C.A., Transportation Code, title 7, subtitle C, ch. 541 et seq.;
powers of local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.202;
limitation on local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.203.
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Sec. 12.01.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues. (Ordinance 2005-26, sec. XI, adopted 10/3/05; Ordinance 2006-23, sec. 2.03, adopted
7/24/06; Ordinance 2008-31, sec. 2.01, adopted 10/6/08; 2006 Code, ch. 10, sec. 2.08)
Sec. 12.01.003 Obstructions to visibility at intersections
(a) Prohibition. No object or combination of objects, including but not limited to any structure,
fence, wall, screen, hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier,
shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a
traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent
thereto.
(b) Exceptions. Natural existing terrain which cannot be removed by reasonable landscaping
techniques, including retaining walls constructed below or at the same grade line of such natural
existing terrain, shall be excluded from the objects otherwise prohibited as stated within
subsection (a) of this section.
(c) Presumption. An object, or combination of objects, erected, placed, planted or maintained
on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an
elevation between two and one-half feet (2-1/2') above the top of the adjacent roadway curb and
eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average
street grade, within a triangular area formed by the intersection of the adjacent street curb lines
and a point on each such right-of-way line thirty-five feet (35') from the intersection, shall be
prima facie evidence that said object, or combination of objects, so erected, placed, planted or
maintained is an obstruction constituting a traffic hazard.
(d) Removal. Any object, or combination of objects, placed, erected, planted or maintained in
violation of this section shall be removed within ten (10) days of receipt of written notice by
certified mail from the chief of police or his representative to the owner, agent or occupant of the
premises where such obstruction has been erected, placed, planted or maintained.
(Ordinance 2004-09, sec. V, adopted 2/16/04; Ordinance 2005-26, sec. V, adopted 10/3/05; 2006
Code, ch. 10, sec. 2.04)
Sec. 12.01.004 Applicability of traffic regulations on private streets
All state laws and town ordinances and rules regulating traffic on public streets within the town,
both those existing on the date of the adoption of this section and those subsequently enacted,
shall apply to the private streets specified below. Such private roads are deemed to be public
highways or streets for the purposes of the application and enforcement of the traffic regulations
imposed under this section:
(1) Briarwood Court.
(2) Glen Hurst Court.
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(3) Glenwick Court.
(4) Meadow Ridge Drive.
(5) Ridgewood Drive.
(6) Winsted Court.
(Ordinance 2006-23, sec. 2.02, adopted 7/24/06; 2006 Code, ch. 10, sec. 2.07)
Sec. 12.01.005 Locally enforced motor vehicle idling limitations
(a) Definitions. For purposes of this section, the terms below shall be defined as follows:
Commercial passenger transportation. A mode of transportation provided by a bus or motor
coach designed to accommodate more than 10 passengers (including the operator) for
compensation and that is powered by a primary propulsion engine, but specifically excluding the
modes of railroad, light rail, or taxicabs.
Idle. The operation of an engine in the operating mode where:
(1) The engine is not engaged in gear;
(2) The engine operates at a speed at the revolutions per minute specified by the engine
or vehicle manufacturer for when the accelerator is fully released; and
(3) There is no load on the engine.
Mechanical operations. The use of electrical tools or equipment in construction, maintenance, or
repair of facilities.
Passenger transit operations. A regional mode of public transportation that is funded through a
portion of sales tax for the region being served.
Primary propulsion engine. A gasoline or diesel-fueled internal combustion engine that:
(1) Is attached to a motor vehicle; and
(2) Provides the power to propel the motor vehicle into motion and maintain motion.
(b) Idling prohibited. A person commits an offense if, at any time from April 1 through
September 30 of any calendar year, he causes, suffers, allows, or permits the primary propulsion
engine of a motor vehicle to idle for more than five (5) consecutive minutes unless the motor
vehicle is in motion. The owner of a vehicle subject to this section may be charged with a
violation of this section, if that violation is committed by the owner's employee.
(c) Exception. It is an exception to prosecution under this section that:
(1) The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
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(2) The motor vehicle was forced to remain motionless because of traffic conditions over
which the operator had no control;
(3) The motor vehicle was being used:
(A) By the United States military, national guard, or reserve forces; or
(B) As an emergency or law enforcement motor vehicle;
(4) The primary propulsion engine of the motor vehicle was providing a power source
necessary for a mechanical operation of the vehicle, other than:
(A) Propulsion; or
(B) Passenger compartment heating or air conditioning;
(5) The primary propulsion engine of the motor vehicle was being operated for
maintenance or diagnostic purposes;
(6) The primary propulsion engine of the motor vehicle was being operated solely to
defrost a windshield;
(7) The primary propulsion engine of the motor vehicle was being used to supply heat or
air conditioning necessary for passenger comfort or safety, if the vehicle:
(A) Was a school bus or was intended for commercial passenger transportation or
passenger transit operations; and
(B) Did not idle more than thirty (30) consecutive minutes;
(8) The primary propulsion engine of the motor vehicle was being used to provide air
conditioning or heating necessary for employee health or safety while the employee
was using the vehicle to perform an essential job function related to roadway
construction or maintenance;
(9) The person charged with the offense was the owner of a motor vehicle subject to this
section that had been rented or leased to a third party operating the vehicle at the time
of the offense, if the third party vehicle operator was not employed by the vehicle
owner.
(Ordinance 2008-31, sec. 2.02, adopted 10/6/08)
Sec. 12.01.006 Operation of law enforcement emergency vehicle without using warning
devices
The driver of an authorized emergency vehicle that is used for law enforcement purposes may
operate without using the emergency warning devices required by state law only when the driver
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is responding to an emergency call or when he or she is in pursuit of a suspected violator of the
law and he or she has probable cause to believe that:
(1) Knowledge of his or her presence will cause the suspect to destroy or lose evidence
of a suspected felony;
(2) Knowledge of his or her presence will cause the suspect to cease a suspected
continuing felony before the driver has acquired sufficient evidence to establish
grounds for arrests;
(3) Knowledge of his or her presence will cause the suspect to evade apprehension or
identification of the suspect or of his or her vehicle; or
(4) Traffic conditions on a multi-laned roadway are such that movements of motorists in
response to the emergency warning devices may increase the potential for a collision
or may unreasonably extend the duration of the pursuit.
(Ordinance 92-15, sec. I, adopted 5/19/92; 2006 Code, ch. 10, sec. 7.1(B))
State law reference–Exceptions to signal requirement, V.T.C.A., Transportation Code, sec. 546.004.
ARTICLE 12.02 TRAFFIC-CONTROL DEVICES*
Division 1. Generally
Sec. 12.02.001 Uniformity; conformance to manual
All traffic-control devices, including signs, signals and markings (pavement and/or curb),
installed or used for the purpose of directing and controlling traffic within the town shall conform
with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways adopted by
the state transportation commission (the “manual”). As required by section 544.002, Tex.
Transportation Code Ann. (Vernon 1998), all signs, signals and markings erected or used by the
town shall be uniform, and shall be located throughout the town in conformity with the directions
shown in the manual as far as practicable. (2006 Code, ch. 10, sec. 2.03(A). See end of this article
for full history for this article.)
State law reference–Adoption of sign manual and specifications, V.T.C.A., Transportation Code, sec.
544.001.
Sec. 12.02.002 Obedience
The driver of any vehicle shall obey the instructions of any official traffic-control device, sign,
signal or marking applicable thereto placed in accordance with this article or other traffic codes of
the town, unless otherwise directed by a police officer, subject to the exceptions herein granted
* State law references–Authority to place and maintain traffic-control devices, V.T.C.A., Transportation
Code, sec. 542.202(1); traffic signs, signals and markings, V.T.C.A., Transportation Code, ch. 544.
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the driver of an authorized emergency vehicle. (2006 Code, ch. 10, sec. 2.03(E). See end of this
article for full history for this article.)
State law reference–Compliance with traffic-control device, V.T.C.A., Transportation Code, sec. 544.004.
Sec. 12.02.003 Privileges of drivers of authorized emergency vehicles
(a) The driver of an authorized emergency vehicle, as the term “authorized emergency vehicle”
is defined by section 541.201, Texas Transportation Code (Vernon 1998), when responding to an
emergency call or when in the pursuit of an actual or suspected violator of the law, or when
responding to but not upon returning from a fire alarm, may exercise the privileges set forth in
this section, but subject to the conditions herein stated and subject to other applicable codes of the
town.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter or any other codes of the
town;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation;
(3) Exceed the prima facie speed limits so long as he does not endanger life or property;
and
(4) Disregard regulations governing direction of movement or turning in specified
directions.
(c) The exemption herein granted to an authorized emergency vehicle shall apply only when
the driver of any such vehicle in motion sounds an audible signal by bell, siren, or exhaust whistle
as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp
displaying a red light visible under normal atmospheric conditions from a distance of at least five
hundred feet (500') to the front of such vehicle, except that an authorized vehicle operated as a
police vehicle need not be equipped with or display a red light from in front of the vehicle.
(2006 Code, ch. 10, sec. 2.03(F). See end of this article for full history for this article.)
State law reference–Operation of authorized emergency vehicles, V.T.C.A., Transportation Code, ch. 546.
Sec. 12.02.004 Unauthorized devices
(a) No person shall place, maintain, or display upon or in view of any highway, street or alley
any unauthorized sign, signal, marking, or device, whether one or more, which purports to be or
is an imitation of or resembles an official traffic-control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or which hides from view or interferes with the
effectiveness of any official traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority permit upon any highway,
street or alley any traffic sign or signal bearing thereon any commercial advertising.
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(c) This section shall not be deemed to prohibit the erection upon private property adjacent to
highways, streets or alleys of signs giving useful directional information and of a type that cannot
be mistaken for official signs.
(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance,
and the chief of police or his authorized representative is hereby empowered to remove the same
or cause it to be moved without notice.
(2006 Code, ch. 10, sec. 2.03(G). See end of this article for full history for this article.)
State law reference–Display of unauthorized signs, signals or markings, V.T.C.A., Transportation Code,
sec. 544.006.
Sec. 12.02.005 Interference
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or
remove any official traffic-control device, sign or signal or any railroad sign or signal or any
inscription, shield, or insignia thereon, or any part thereof. (2006 Code, ch. 10, sec. 2.03(H). See
end of this article for full history for this article.)
State law reference–Interference with traffic-control devices or railroad signs or signals, V.T.C.A.,
Transportation Code, sec. 544.005.
Sec. 12.02.006 Manual operation of traffic signals by school crossing guard
(a) The school crossing guards officially designated by the chief of police are hereby invested
with the authority to manually operate traffic-control signals, pursuant to section 542.202, Tex.
Transportation Code Ann. (Vernon 1998), by which traffic is alternately directed to stop and
permitted to proceed.
(b) Pursuant to section 542.501, Tex. Transportation Code Ann. (Vernon 1998), it shall be
unlawful for any person to willfully fail or refuse to comply with a traffic-control signal operated
by a school crossing guard.
(2006 Code, ch. 10, sec. 2.03(I). See end of this article for full history for this article.)
State law reference–Obedience to lawful order or direction of school crossing guard, V.T.C.A.,
Transportation Code, sec. 542.501.
Sec. 12.02.007 Installation and maintenance
The town manager or designee shall place and maintain traffic-control signs, signals and devices
when and as required under this chapter or other traffic codes of this town to make effective the
provisions of this chapter or other codes, and may place and maintain such additional traffic-
control devices as he may deem necessary to regulate traffic under this chapter or other traffic
codes of this town or under state law, or to guide or warn traffic. (2006 Code, ch. 10, sec. 2.03(J);
Ordinance adopting Code. See end of this article for full history for this article.)
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Sec. 12.02.008 Evidence of validity
It shall be unlawful for any person not authorized by the town manager or designee to install or
cause to be installed any signal, sign or device purporting to direct the use of the streets or the
activities on those streets of pedestrians, vehicles, motor vehicles, or animals. Proof, in any
prosecution for a violation of this chapter or any traffic code of the town, that any traffic-control
device, sign, signal or marking was actually in place on any street shall constitute prima facie
evidence that the same was installed by the town pursuant to the authority of this chapter or of
another code directing the installation of such device, signal or marking. (2006 Code, ch. 10, sec.
2.03(K); Ordinance adopting Code. See end of this article for full history for this article.)
Secs. 12.02.009–12.02.030 Reserved
Division 2. Locations
Sec. 12.02.031 Stop signs
Stop signs shall be erected at the following intersections, and such intersections are hereby
designated as stop intersections. Every driver of a vehicle approaching a stop intersection shall
stop before entering the crosswalk on the near side of the intersection or, in the event there is no
crosswalk, shall stop at a clearly marked stop line, but, if none, then at the point nearest the
intersecting roadway where the driver has a view of the approaching traffic on the intersecting
roadway before entering the intersection, except when directed to proceed by a police officer or
traffic-control signal. The stop intersections and locations of stop signs shall be as follows:
(1) At the corner of every street or court intersecting with and entering onto Trophy Club
Drive.
(2) At the corner of every street or court intersecting with and entering onto Indian Creek
Drive.
(3) At the corner of every street or court intersecting with and entering onto Village Trail
Drive.
(4) At the northeast corner of the intersection of Indian Creek Drive and Trophy Wood
Drive facing east on Indian Creek Drive.
(5) At the southwest corner of the intersection of Indian Creek Drive and Trophy Wood
Drive facing west on Indian Creek Drive.
(6) At the southeast corner of the intersection of Indian Creek Drive and Trophy Wood
Drive facing south on Trophy Wood Drive.
(7) At the northeast corner of the intersection of Inverness Drive and Forest Hill Drive
facing east on Inverness Drive.
(8) At the northeast corner of the intersection of Phoenix Drive and Pebble Beach Drive
facing east on Phoenix Drive.
(9) At the northeast corner of the intersection of Carnoustie Drive and Oakmont Drive
facing east on Carnoustie Drive.
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(10) At the northwest corner of the easternmost section of the intersection of Seminole
Drive and Fresh Meadow Drive facing north on Seminole Drive.
(11) At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood Drive
facing east on Pin Oak Drive.
(12) At the northeast corner of the intersection of Pebble Beach Drive and Trophy Wood
Drive facing east on Pebble Beach Drive.
(13) At the southwest corner of the intersection of Pebble Beach Drive and Trophy Wood
Drive facing west on Pebble Beach Drive.
(14) At the northeast corner of the intersection of Inverness Drive and Trophy Wood
Drive facing east on Inverness Drive.
(15) At the southwest corner of the intersection of Inverness Drive and Trophy Wood
Drive facing west on Inverness Drive.
(16) At the northwest corner of the intersection of Michelle Court and Indian Creek Drive
facing north on Michelle Court.
(17) At the southeast corner of the intersection of Brook Hollow Lane and Indian Creek
Drive facing northeast on Indian Creek Drive.
(18) At the southeast corner of the intersection of St. Andrews Court and Indian Creek
Drive facing southwest on St. Andrews Court.
(19) At the southeast corner of the intersection of Lake Forest Court and Indian Creek
Drive facing southwest on Lake Forest Court.
(20) At the southeast corner of the intersection of Turnbury Court and Indian Creek Drive
facing southwest on Turnbury Court.
(21) At the southeast corner of the intersection of Glen Eagles Court and Indian Creek
Drive facing southwest on Glen Eagles Court.
(22) At the northeast corner of the intersection of Woodlands Court and Indian Creek
Drive facing east on Woodlands Court.
(23) At the northeast corner of the intersection of Shady Oaks Court and Indian Creek
Drive facing east on Shady Oaks Court.
(24) At the northeast corner of the intersection of Ross Court and Indian Creek Drive
facing east on Ross Court.
(25) At the northwest corner of the most easterly intersection of Fair Green Drive and
Indian Creek Drive facing north on Fair Green Drive.
(26) At the northwest corner of the most westerly intersection of Fair Green Drive and
Indian Creek Drive facing north on Fair Green Drive.
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(27) At the northeast corner of the intersection of Sunrise Court and East Hillside Place
facing east on Sunrise Court.
(28) At the northeast corner of the intersection of Greenhill Trail South and East Hillside
Place facing east on Greenhill Trail South.
(29) At the northeast corner of the intersection of Crestwood Drive and East Hillside Place
facing east on Crestwood Drive.
(30) At the southeast corner of the intersection of Rockwood Drive and Crestwood Drive
facing south on Rockwood Drive.
(31) At the southwest corner of the intersection of Overhill Drive and Skyline Drive
facing west on Overhill Drive.
(32) At the southwest corner of the most southerly intersection of Panorama Trail and
Skyline Drive facing west on Panorama Trail.
(33) At the northeast corner of the intersection of Panorama Court and Skyline Drive
facing east on Panorama Court.
(34) At the southwest corner of the most northerly intersection of Panorama Trail and
Skyline Drive facing west on Panorama Trail.
(35) At the northwest corner of the intersection of Brookfield Drive and Creek Courts
Drive facing north on Brookfield Drive.
(36) At the northwest corner of the intersection of Oakmont Drive and Creek Courts Drive
facing north on Oakmont Drive.
(37) At the southeast corner of the intersection of Cimarron Drive and Sonora Drive
facing south on Cimarron Drive.
(38) At the southwest corner of the intersection of Trophy Club Drive and Indian Creek
Drive facing west and controlling traffic on Trophy Club Drive.
(39) At the northeast corner of the intersection of Trophy Club Drive and Michelle Court
facing east and controlling traffic on Trophy Club Drive.
(40) At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on
Overhill Drive.
(41) At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on
Timber Ridge Drive.
(42) At the northwest corner of Rockwood Drive and Meadowbrook Lane facing north on
Rockwood Drive.
(43) At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing southeast
on Greenleaf Drive.
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(44) At the southeast corner of Timberline Drive and Greenleaf Drive facing east on
Timberline Drive.
(45) At the northeast corner of Timber Ridge Drive and Greenhill Drive facing east on
Timber Ridge Drive.
(46) At the northwest corner of Greenleaf Drive and Timberline Drive facing north on
Greenleaf Drive.
(47) At the southwest corner of Trophy Wood extension at T.W. King Road facing west
on T.W. King Road.
(48) At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake
Forest Drive.
(49) At the northwest corner of Summit Cove and Municipal Drive facing north on
Summit Cove.
(50) At the northwest corner of Hill Top Lane and Oak Hill Drive facing north on Oak
Hill Drive.
(51) At the southwest corner of Oak Hill Drive and Oak Hill Drive facing west; this street
circles around into itself.
(52) At the northeast corner of Oak Village Court and Oak Hill Drive facing east on Oak
Village Court.
(53) At the northwest corner of Carnoustie Drive and Wilshire Drive facing north on
Carnoustie Drive.
(54) At the southeast corner of Portland Drive and Wilshire Drive facing south on
Portland Drive.
(55) At the southeast corner of Berkshire Drive and Portland Drive facing southwest on
Berkshire Drive.
(56) At the southeast corner of Winding Creek Court and Creek Courts Drive facing south
on Winding Creek Court.
(57) At the northeast corner of Palmetto Court and Oakmont Drive facing east on
Palmetto Court.
(58) At the southwest corner of Oakmont Drive and Oakmont Drive facing west; this
street circles around into itself.
(59) At the southwest corner of Shasta Drive and Trophy Lake Drive facing west on
Shasta Drive.
(60) At the northwest corner of Llano Drive and Shasta Drive facing north on Llano
Drive.
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(61) All four corners where Cimarron Drive and Shasta Drive intersect.
(62) At the southeast corner of Shasta Drive and Alamosa Drive facing south on Shasta
Drive.
(63) At the southeast corner of Pagosa Court and Sonora Drive facing south on Pagosa
Court.
(64) At the southeast corner of Palo Duro Court and Sonora Drive facing south on Palo
Duro Court.
(65) At the southeast corner of Mesa Verde Court and Sonora Drive facing south on Mesa
Verde Court.
(66) At the southeast corner of Salida Drive and Chimney Rock Drive facing south on
Salida Drive.
(67) At the southeast corner of Sonora Drive and Monterey Drive facing south on Sonora
Drive.
(68) At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing north
on Silver Rock Drive.
(69) At the southwest corner of Monterey Drive and Silver Rock Drive facing west on
Monterey Drive.
(70) At the southeast corner of Silver Rock Drive and Durango Drive facing south on
Silver Rock Drive.
(71) At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on
Chimney Rock Drive.
(72) At the corner of every court intersection with and entering onto Creek Courts Drive.
(73) At the southeast corner of the intersection of Sunset Drive and Portland Drive facing
south on Sunset Drive.
(74) At the northeast corner of the intersection of Oak Village Lane and Oak Hill Drive
facing east on Oak Village Lane.
(75) At the southwest corner of the intersection of Jaime Court and Trophy Wood Drive
facing west on Jaime Court.
(76) At the southwest corner of the intersection of Fairway Village and Fresh Meadow
Court facing west on Fairway Village.
(77) At the southeast corner of the intersection of Village Way and Fairway Village facing
south on Village Way.
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(78) At the northeast corner of the intersection of Jennifer Court and Michelle Court
facing east on Jennifer Court.
(79) At the northwest corner of the intersection of Hill Lane and Oak Hill Drive facing
west on Hill Lane.
(80) At the southeast corner of the intersection of Glenwick Court and Meadow Ridge
Drive facing south on Glenwick Court.
(81) At the southeast corner of the intersection of Glen Hurst Court and Meadow Ridge
Drive facing south on Glen Hurst Court.
(82) At the northwest corner of the intersection of Ridgewood Drive and Meadow Ridge
Drive facing north on Ridgewood Drive.
(83) At the southeast corner of the intersection of Briarwood Court and Meadow Ridge
Drive facing south on Briarwood Court.
(84) At the southeast corner of the intersection of Meadow Lake Drive and Avalon Drive
facing west on Meadow Lake Drive.
(85) At the northwest corner of the intersection of Lakewood Drive and Avalon Drive
facing north on Avalon Drive.
(86) At the northeast corner of the intersection of Silver Rock Drive and McKenzie Drive
facing east on Silver Rock Drive.
(87) At the southwest corner of the northernmost intersection of Lakeview Drive and Lake
Shore Drive facing west on Lakeview Drive.
(88) At the southwest corner of the southernmost intersection of Lakeview Drive and
Lakeshore Drive facing west on Lakeview Drive.
(89) At the southeast corner of the intersection of Parkway Court and Park Lane facing
south on Parkway Court.
(90) At the southwest corner of the intersection of Park Lane and Parkview Drive facing
west on Park Lane.
(91) At the southeast corner of the intersection of Cimarron Court and Cimarron Drive
facing west on Cimarron Court.
(92) At the northeast corner of the intersection of Round Rock Court and Llano Drive
facing east on Round Rock Court.
(93) At the northeast corner of the intersection of Paint Rock Court and Llano Drive
facing east on Paint Rock Court.
(94) At the southwest corner of the intersection of Village Trail and Trophy Lake Drive
facing west on Village Trail.
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(95) At the southeast corner of the intersection of Colonial Court and Cypress Court
facing south on Colonial Court.
(96) At the northwest corner of the intersection of Gentry Court and Fresh Meadow Drive
facing north on Gentry Court.
(97) At the northeast corner of the intersection of Hanna Court and Trophy Wood Drive
facing east on Hanna Court.
(98) At the corner of every street or court intersection with and entering onto Durango
Drive.
(99) At the corner of every street or court intersection with and entering onto Skyline
Drive.
(100) At the northeast corner of the intersection of Panorama Circle going west and
Panorama Circle going north.
(101) At the northwest corner of the intersection of Spyglass Court and Hogans Drive
facing north on Spyglass Court.
(102) At the northwest corner of the intersection of Hayes Court and Hogans Drive facing
north on Hayes Court.
(103) At the northwest corner of the intersection of Hamper Court and Hogans Drive facing
north on Hamper Court.
(104) At the northwest corner of the intersection of Spyglass Court and Cypress Court
facing north on Spyglass Court.
(105) At the southeast corner of the intersection of Spyglass Court and Hogans Drive
facing south on Spyglass Court.
(106) At the northeast corner of the intersection of Stephen’s Court and Hogans Drive
facing east on Stephen Court.
(107) At the northwest corner of the intersection of Edgemere Court and Drive facing
northeast on Edgemere Court.
(108) At the northwest corner of the intersection of Clear Vista Drive and Court facing
north on Clear Vista Drive.
(109) At the northwest corner of the intersection of Lakeview Drive and Lakeshore Drive
facing north on Lakeshore Drive.
(110) At the southwest corner of the intersection of Lakeview Drive and Lakeshore Drive
facing west on Lakeview Drive.
(111) At the southeast corner of the intersection of Lakeview Drive and Lakeshore Drive
facing south on Lakeshore Drive.
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(112) At the southwest corner of the intersection of Parkview Drive and Durango Drive
facing west on Durango Drive.
(113) At the northeast corner of the intersection of Parkview Drive and Durango Drive
facing east on Durango Drive.
(114) At the northeast corner of the intersection of Durango Drive and Village Trail facing
east on Durango Drive.
(115) At the southwest corner of the intersection of Durango Drive and Village Trail facing
west on Durango Drive.
(116) At the northeast corner of the intersection of Trophy Club Drive and Trophy Lake
Drive facing east on Trophy Club Drive.
(117) At the southwest corner of the intersection of Trophy Club Drive and Trophy Lake
Drive facing west on Trophy Club Drive.
(118) At the northwest corner of the intersection of Trophy Wood Drive and Inverness
Drive facing north on Trophy Wood Drive.
(119) At the southeast corner of the intersection of Trophy Wood Drive and Inverness
Drive facing south on Trophy Wood Drive.
(120) At the southwest corner of the intersection of southbound Greenhill Trail and
eastbound Hunters Ridge Lane, facing west for traffic turning north or south onto
Greenhill Trail or continuing east on Hunters Ridge Lane.
(121) At the northeast corner of the intersection of westbound Hunters Ridge Lane and
northbound Greenhill Trail, facing east for traffic turning north or south onto
Greenhill Trail or continuing west on Hunters Ridge Lane.
(122) At the southeast corner of the intersection of northbound Greenhill Trail and
eastbound Heather Glen Circle, facing south for traffic turning east or west onto
Heather Glen Circle or continuing north on Greenhill Trail.
(123) At the northwest corner of the intersection of southbound Greenhill Trail and
westbound Heather Glen Circle, facing north for traffic turning east or west onto
Heather Glen Circle or continuing south on Greenhill Trail.
(124) At the southeast corner of the intersection of northbound Greenhill Trail and
Heatherstone Court, facing south for traffic turning east or west onto Heatherstone
Court.
(125) At the northwest corner of the intersection of southbound Heather Glen Circle and
westbound Hunters Ridge Lane, facing north for traffic turning east or west onto
Hunters Ridge Lane.
(126) At the northeast corner of the intersection of westbound Plaza Drive and northbound
Trophy Wood Drive, facing east for traffic turning north or south on Trophy Wood
Drive or continuing west on Plaza Drive.
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(127) At the southwest corner of the intersection of eastbound Plaza Drive and southbound
Trophy Wood Drive, facing west for traffic turning north or south on Trophy Wood
Drive or continuing east on Plaza Drive.
(128) At the northeast corner of the intersection of northbound Trophy Branch and
eastbound Plaza Drive, facing south for traffic turning east or west on Plaza Drive.
(129) At the southeast corner of the intersection of Plaza Drive and T.W. King Road, facing
west for traffic turning north or south on T.W. King Road.
(130) At the southwest corner of the intersection of Trophy Wood Drive and State Highway
114 service road, facing north for traffic turning west onto State Highway 114 service
road.
(131) At the southeast corner of the intersection of Glasgow Drive and Galloway
Boulevard facing south on Glasgow Drive.
(132) At the northwest corner of the intersection of Alisa Lane and McLean Avenue facing
northeast on Alisa Lane.
(133) At the southwest corner of the intersection of Alisa Lane and Montgomerie Avenue
facing west on Alisa Lane.
(134) At the southeast corner of the intersection of Montgomerie Avenue and Galloway
Boulevard facing east on Montgomerie Avenue.
(135) At the southeast corner of the intersection of Veranda Avenue and Galloway
Boulevard facing southeast on Veranda Avenue.
(136) At the northwest corner of the intersection of Carrick Drive and Veranda Avenue
facing east southeast on Carrick Drive.
(137) At the northwest corner of the intersection of Stirling Avenue and Carrick Drive
facing northwest on Stirling Avenue.
(138) At the southeast corner of the intersection of Stirling Avenue and Galloway
Boulevard facing east on Stirling Avenue.
(139) At the southeast corner of the intersection of Prestwick Avenue and Galloway
Boulevard facing south southeast on Prestwick Avenue.
(140) At the northwest corner of the intersection of Prestwick Avenue and Carrick Drive
facing north on Prestwick Avenue.
(141) At the southwest corner of the intersection of Carrick Drive and Edinburgh Avenue
facing northwest on Carrick Drive.
(142) At the southwest corner of the intersection of Aberdeen Drive and Edinburgh Avenue
facing west on Aberdeen Drive.
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(143) At the northwest corner of the intersection of Aberdeen Drive and Prestwick Avenue
facing northeast on Aberdeen Drive.
(144) At the southwest corner of the intersection of Galloway Boulevard and Edinburgh
Avenue facing northwest on Galloway Boulevard.
(145) At the northwest corner of the intersection of Highlands Drive and Galloway
Boulevard facing north on Highlands Drive.
(146) At the southwest corner of the intersection of Mona Vale Road and Highlands Drive
facing west on Mona Vale Road.
(147) At the northwest corner of the intersection of Bellshill Lane and Mona Vale Road
facing north on Bellshill Lane.
(148) At the southeast corner of the intersection of Ralston Drive and Strathfield Lane
facing south on Ralston Drive.
(149) At the northwest corner of the intersection of Ralston Drive and Lilyfield Drive
facing north on Ralston Drive.
(150) At the northwest corner of the intersection of Lilyfield Drive and Mona Vale Road
facing northwest on Lilyfield Drive.
(151) At the northwest corner of the intersection of Strathfield Lane and Lilyfield Drive
facing northeast on Strathfield Lane.
(152) At the northeast corner of the intersection of Rosebury Lane and Lilyfield Drive
facing east on Rosebury Lane.
(153) At the northeast corner of the intersection of Broadway Drive and Roseville Drive
facing east on Broadway Drive.
(154) At the southwest corner of the intersection of Broadway Drive and Mosman Lane
facing west on Broadway Drive.
(155) At the southeast corner of the intersection of Mosman Lane and Morgan Lane facing
southwest on Mosman Lane.
(156) At the northeast corner of the intersection of Morgan Lane and Roseville Drive
facing northeast on Morgan Lane.
(157) At the northwest corner of the intersection of Roseville Drive and Marshall Creek
Drive facing north on Roseville Drive.
(158) At the northeast corner of the intersection of Broadway Drive and Highlands Drive
facing east on Broadway Drive.
(159) At the northwest corner of the intersection of Broadway Drive and Trophy Park
Drive facing northwest on Broadway Drive.
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(160) At the northwest corner of the intersection of Waverly Drive and Broadway Drive
facing northeast on Waverly Drive.
(161) At the southeast corner of the intersection of Derby Way and Trophy Park Drive
facing south on Derby Way.
(162) At the southeast corner of the intersection of Strathfield and Lilyfield facing south.
(163) At the southwest corner of the intersection of Bobcat Boulevard and Trophy Club
Drive facing north west.
(164) At the southeast corner of the intersection of Parkview and Bobcat Boulevard facing
south.
(165) At the southeast corner of the intersection of Marshall Creek and Bobcat Boulevard
facing southwest.
(166) At the northeast corner of the intersection of Trophy Club Drive and Yorkshire Drive
facing east.
(167) At the southeast corner of the intersection of Yorkshire Drive and Sherwood Drive
facing southeast.
(168) At the northeast corner of the intersection of Sheffield Drive and Sherwood Drive
facing east.
(169) At the northwest corner of the intersection of Earl Drive and Sheffield Drive facing
northwest.
(170) At the southwest corner of the intersection of Earl Drive and Yorkshire Drive facing
west.
(171) At the northeast corner of the intersection of Hogans Drive and Reading Court facing
east.
(172) At the northeast corner of the intersection of Hogans Drive and Rochester Court
facing east.
(173) At the northeast corner of the intersection of Kensington Lane and Roseville Drive
facing east.
(174) At the northwest corner of the intersection of Kensington Lane and Geneva Court
facing north.
(175) At the northwest corner of the intersection of Kensington Lane and Rose Bay Court
facing north.
(176) At the southwest corner of the intersection of Kensington Lane and Balmain Court
facing west.
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(177) At the southeast corner of the intersection of Morgan Lane and Bronte Court facing
south.
(178) At the northwest corner of the intersection of Morgan Lane and Willow Lane facing
north.
(179) At the southeast corner of the intersection of Yorkshire Drive and Sherwood Drive
facing south.
(180) At the southwest corner of the intersection of Yorkshire Drive and Earl Drive facing
west.
(181) At the northwest corner of the intersection of Earl Drive and Sheffield Drive facing
north.
(182) At the northeast corner of the intersection of Sheffield Drive and Sherwood Drive
facing east.
(183) At the southwest corner of the intersection of Edinburgh Avenue and Malin Drive
facing west.
(184) At the northeast corner of the intersection of Abby Lane and Veranda Avenue facing
east.
(185) At the northeast corner of the intersection of Veranda Avenue and Malin Drive facing
east.
(186) At the southwest corner of the intersection of Earl Drive and Exeter Drive facing
west.
(187) At the northwest corner of the intersection of Exeter Drive and Sheffield Drive facing
north.
(188) At the southwest corner of the intersection of Kent Street and Trophy Club Drive
facing west.
(189) At the northeast corner of the intersection of Kent Street and Mona Vale Road facing
east.
(190) At the northwest corner of the intersection of Mona Vale Road and Marrickville
Drive facing north.
(191) At the northwest corner of the intersection of Darlinghurst Road and Marrickville
Drive facing north.
(192) At the northwest corner of the intersection of Castlereach Street and Marrickville
Drive facing north.
(193) At the southeast corner of the intersection of Darlinghurst Road and Castlereach
Street facing east.
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(194) At the southwest corner of the intersection of Castlereach Street and Mona Vale Road
facing west.
(195) At the northwest corner of the intersection of Chatswood Drive and Waverly Drive
facing north.
(196) At the southeast corner of the intersection of King Lane and Chatswood Drive facing
southeast.
(197) At the northwest corner of the intersection of King Lane and Annadale Drive facing
north.
(198) At the northwest corner of the intersection of Annadale Drive and Waverly Drive
facing north.
(199) At the northwest corner of the intersection of Hyde Court and Waverly Drive facing
north.
(200) At the southwest corner of the intersection of Waverly Drive and Balmoral Drive
facing west.
(201) At the northwest corner of the intersection of Balmoral Drive and Trophy Park Drive
facing north.
(202) At the northeast corner of the intersection of Hale Court and Hogans Drive facing
east.
(203) At the northeast corner of the intersection of Rochester Court and Hogans Drive
facing east.
(204) At the northeast corner of the intersection of Reading Court and Hogans Drive facing
east.
(205) At the southwest corner of the intersection of Greenan Drive and Montgomerie Drive
facing west.
(206) At the northeast corner of the intersection of Greenan Drive and McLean Drive
facing north.
(207) At the southwest corner of the intersection of Derby Court and Galloway Boulevard
facing north.
(208) At the southeast corner of the intersection of York Street and Trophy Club Drive
facing west.
(209) At the northwest corner of the intersection of Mona Vale Road and York Street
facing east.
(210) At the northwest corner of the intersection of Mona Vale Road and Cromwell Court
facing north.
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(211) At the northwest corner of the intersection of Mona Vale Road and Brunswick Court
facing north.
(212) At the northwest corner of the intersection of Mona Vale Road and Martin Court
facing north.
(213) At the northwest corner of the intersection of Mona Vale Road and Ranwick Court
facing north.
(214) At the northeast corner of the intersection of Mona Vale Road and Highlands Drive
facing east.
(2006 Code, ch. 10, sec. 2.03(B). See end of this article for full history for this article.)
State law references–Authority to designate through highways and stop and yield intersections, V.T.C.A.,
Transportation Code, secs. 542.202, 544.003; manner of stopping at stop or yield sign, V.T.C.A.,
Transportation Code, sec. 544.010.
Sec. 12.02.032 U-turns
(a) Restrictions.
(1) It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed
in the opposite direction or to make a one hundred eighty (180) degree turn (U-turn)
on any street posted by the town with a sign or signs indicating that such a movement
is prohibited. U-turns shall be permitted at locations where no sign or state law
prohibits such turn.
(2) It shall be unlawful for the driver of any vehicle to make a U-turn unsafely, or by
backing, or when such turn causes interference with other traffic.
(b) Prohibited locations. U-turn signs shall be erected at the following locations, and such
locations are hereby designated as prohibited U-turn locations. The prohibited locations of U-
turns shall be as follows:
(1) The south end of the median abutting the State Highway 114 service road and west of
353 Trophy Lake Drive. This prohibition applies only to traffic north bound.
(2) The south end of the median of Trophy Club Drive abutting the State Highway 114
service road and west of 99 Trophy Club Drive. This prohibition applies only to
traffic north bound.
(2006 Code, ch. 10, sec. 2.03(C). See end of this article for full history for this article.)
Sec. 12.02.033 Emergency signs
Two emergency signs shall be located on Trophy Club Drive. The sign for northbound traffic
shall be located 242 feet south of the intersection of Trophy Club Drive and Municipal Drive on
the east side of Trophy Club Drive. The sign for southbound traffic shall be located 343 feet north
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of the intersection of Trophy Club Drive and Municipal Drive in the center median of Trophy
Club Drive. (2006 Code, ch. 10, sec. 2.03(L). See end of this article for full history for this
article.)
(Ordinance 2004-09, sec. IV, adopted 2/16/04; Ordinance 2005-26, sec. IV, adopted 10/3/05;
Ordinance 2006-19, sec. II, adopted 6/19/06; 2006 Code, ch. 10, sec. 2.03; Ordinance 2008-38,
sec. II, adopted 12/1/08; Ordinance 2009-32, sec. II, adopted 11/16/09; Ordinance 2011-02,
adopted 1/17/11; Ordinance 2011-37, adopted 10/17/11; Ordinance 2013-01 adopted 1/7/13)
ARTICLE 12.03 OPERATION OF VEHICLES*
Division 1. Generally
Secs. 12.03.001–12.03.040 Reserved
Division 2. Speed Regulations†
Sec. 12.03.041 Maximum speed generally
(a) Except as provided by section 12.02.003 of this code, no person shall drive a vehicle on a
street or highway within the town at a speed greater than is reasonable and prudent under the
circumstances then existing.
(b) The maximum rate of speed on all of the streets, roads and highways within the corporate
limits of the town shall be thirty (30) miles per hour, except in designated school zones as
provided herein.
(c) The maximum rate of speed on all of the alleys within the corporate limits of the town shall
be (15) fifteen miles per hour.
(2006 Code, ch. 10, sec. 2.02(A). See end of this division for full history for this division.)
State law reference–Maximum speed requirement, V.T.C.A., Transportation Code, sec. 545.351.
Sec. 12.03.042 Special speed zones
The following areas, streets or portions thereof shall be designated special speed zones and it
shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20)
miles per hour during the designated times:
(1) On Village Trail Road from the 0 block to the 300 block, between the hours of 7:00
a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on school days.
* State law reference–Operation and movement of vehicles, V.T.C.A., Transportation Code, ch. 546.
† State law references–Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation
Code, sec. 542.202(12); speed restrictions, V.T.C.A., Transportation Code, sec. 545.351 et seq.; authority
of municipality to alter speed limits, V.T.C.A., Transportation Code, sec. 545.356.
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(2) On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south of
Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the
hours of 2:00 p.m. and 3:30 p.m. on school days.
(3) On Marshall Creek Road from the most western town limits sign to the intersection
of Bobcat Boulevard, between the hours of 7:00 a.m. and 9:30 a.m. and between the
hours of 2:00 p.m. and 5:00 p.m. on school days.
(4) On Parkview Drive from the intersection of Bobcat Boulevard south to Durango
Drive, between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:00
p.m. and 5:00 p.m. on school days.
(5) On Bobcat Boulevard 120' west of the intersection with Roseville Drive to 96' south
of the town limits between the hours of 7:00 a.m. and 9:30 a.m. and between the
hours of 2:00 p.m. and 5:00 p.m. on school days.
(6) On Trophy Club Drive, 200' south of its intersection with Durango Drive and
extending 456' north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:00
a.m. and between the hours of 2:30 p.m. and 5:00 p.m. on school days.
(7) On Trophy Club Dr., 801' south of its intersection with Bobcat Blvd. and extending
1055' north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:30 a.m. and
between the hours of 2:00 p.m. and 5:00 p.m. on school days.
(2006 Code, ch. 10, sec. 2.02(B). See end of this division for full history for this division.)
Sec. 12.03.043 Signs
Speed limit and school zone signs in conformity with the manual and specifications for uniform
traffic-control devices as adopted by the state transportation commission shall be and hereby are
directed to be erected at the appropriate locations as determined by the chief of police. (2006
Code, ch. 10, sec. 2.02(C). See end of this division for full history for this division.)
(Ordinance 2004-09, sec. III, adopted 2/16/04; Ordinance 2005-26, sec. III, adopted 10/3/05;
2006 Code, ch. 10, sec. 2.02; Ordinance 2009-32, sec. II, adopted 11/16/09; Ordinance 2011-30
adopted 9/12/11; Ordinance 2012-37 adopted 12/10/12; Ordinance 2013-22 adopted 8/19/13;
Ordinance 2014-34 adopted 10/28/14)
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ARTICLE 12.04 PARKING*
Sec. 12.04.001 Definitions
For purposes of this article, the terms below shall mean as follows:
Approved paved surface. A surface on which off-street parking is permitted as authorized by and
set forth in the town comprehensive zoning ordinance and other applicable codes of the town.
Recreational vehicle. Self-propelled living quarters equipped or used for sleeping and eating,
which may be moved from one location to another over a public street.
Stand or park. The halting of a vehicle, whether occupied or not, otherwise than temporarily for
the purpose of and while actually engaged in receiving or discharging passengers.
(2006 Code, ch. 10, sec. 2.05(A). See end of this division for full history for this division.)
Sec. 12.04.002 Presumption that vehicle owner is responsible for violation
It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped
or standing in violation of this chapter illegally parked such vehicle. The records of the state
transportation department or the county highway license department showing the name of the
person to whom the state highway license was issued is prima facie evidence of ownership by the
named individual. (2006 Code, ch. 10, sec. 2.05(F). See end of this division for full history for
this division.)
State law reference–Presumption that owner of vehicle is responsible for offense, V.T.C.A.,
Transportation Code, sec. 545.308.
Sec. 12.04.003 Prohibited parking generally
It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor
home, recreational vehicle, trailer or boat upon the following portions of the public streets located
within the town:
(1) Indian Creek Drive between its intersection with Trophy Club Drive and Heritage
Court;
(2) Along the southbound and westbound lanes of Indian Creek Drive between
Timberline Drive and Hillcrest Court and the northbound and eastbound lanes of
Indian Creek between Heritage Court and Timberline Court;
(3) Trophy Club Drive between its intersection with State Highway 114 and Avenue
Twenty; provided, however, that there shall be excluded from this portion of the
public street that area which lies between median number two and median number
three along Trophy Club Drive and adjacent to the town information/map sign (said
* State law references–Authority to regulate parking on private property, V.T.C.A., Local Government
Code, sec. 431.001; authority to regulate parking generally, V.T.C.A., Transportation Code, sec.
542.202(2); stopping, standing and parking, V.T.C.A., Transportation Code, sec. 545.301 et seq.; stopping,
standing or parking prohibited in certain places, V.T.C.A., Transportation Code, sec. 545.302.
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area being located approximately one-fourth (1/4) mile from the intersection of
Trophy Club Drive and State Highway 114), and which area is designated and
marked by striping or otherwise as a parking area where vehicles may park, stop or
stand for no more than five (5) minutes for the purpose of reviewing the
information/map sign;
(4) Trophy Lake Drive;
(5) Along the south side of the entire length of Fairway Village Drive;
(6) Along the south side of the entire length of Summit Cove Drive;
(7) Along the east and west sides of Parkview Drive from Durango Drive to 500
Parkview Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours
of 2:30 p.m. and 3:30 p.m. on school days;
(8) Along the east and west sides of Parkview Drive from 500 Parkview Drive to Bobcat
Boulevard between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of
4:00 p.m. and 5:00 p.m. on school days;
(9) Between 22 and 42 West Hillside Place;
(10) On a sidewalk;
(11) In front of a public or private driveway;
(12) Within an intersection;
(13) On a crosswalk;
(14) Within twenty (20) feet of a crosswalk at an intersection;
(15) Within fifteen (15) feet of a fire hydrant; or
(16) Where signs are erected or curbs are painted indicating that such is not allowed.
(2006 Code, ch. 10, sec. 2.05(B); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 12.04.004 Parking on unapproved surface
A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the
vehicle is on an approved paved surface. (2006 Code, ch. 10, sec. 2.05(C)(1). See end of this
division for full history for this division.)
Sec. 12.04.005 Parking near certain crosswalks
It shall be unlawful to park a motor vehicle within twenty feet (20') of the marked crosswalks at
the following locations:
(1) Bobcat Blvd. 400' south of the town limits.
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(2) Bobcat Blvd. at Marshall Creek Rd.
(3) Bobcat Blvd. at Parkview.
(4) (2) Bobcat Blvd. at Trophy Club Dr.
(5) 404 Parkview Dr.
(6) 410 Parkview Dr.
(7) 500 Parkview Dr.
(8) (2) Parkview Dr. at Durango.
(9) (2) Durango at Parkview.
(10) 197 Durango.
(11) (2) Durango at Village Trl.
(12) (2) Village Trl. at Durango.
(13) Village Trl. at Sonora.
(14) Village Trl. at Sundance Ct.
(15) Trophy Lake at Village Trl.
(16) Trophy Club at Meadow Creek Ct.
(17) (2) Trophy Club at Trophy Lake.
(18) Trophy Club at Durango.
(2006 Code, ch. 10, sec. 2.05(C)(2); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 12.04.006 Exception for emergency vehicles and governmental vehicles
All emergency vehicles shall be exempt from the restrictions as set forth in sections 12.04.003,
12.04.004 and 12.04.005 hereof. Emergency vehicles shall include ambulances, fire trucks and
equipment, police vehicles and all governmental vehicles used for necessary governmental
purposes. (2006 Code, ch. 10, sec. 2.05(D). See end of this division for full history for this
division.)
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Sec. 12.04.007 Parking near safety zone, fire lane or fire hydrant
Except where necessary to avoid conflict with other traffic, or in compliance with law or the
direction of a police officer or official traffic-control device, no person shall stop, stand or park a
vehicle:
(1) Between a safety zone or fire lane and the adjacent curb or within thirty feet (30') of
points on the curb immediately opposite the ends of a safety zone, unless a different
length is indicated by signs or markings.
(2) Adjacent to a fire hydrant within fifteen feet (15') of points on the curb directly
adjacent to a fire hydrant, unless a different length is indicated by signs or markings.
(2006 Code, ch. 10, sec. 2.05(H); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 12.04.008 Overnight parking
(a) Prohibition; restricted hours. It shall be unlawful for any person to stand or park any motor
vehicle, trailer, mobile home, motor home or boat along or upon any public highway, street, alley
or other public right-of-way located within the town between the hours of 3:00 a.m. and 5:00 a.m.
each day (hereinafter “restricted hours”). This prohibition shall not be applicable to any motor
vehicle which is being used for emergency purposes, to the operation of any motor vehicle being
used by a utility company for repair purposes, or to any governmental vehicle being used for
necessary governmental purposes.
(b) Annual permit.
(1) Any person who desires to stand or park a motor vehicle upon a public highway,
street, alley or other public right-of-way during restricted hours shall purchase a
permit authorizing the same from the town; provided, however, a permit shall only be
allowed if there are three (3) or more vehicles registered to the address of the person
requesting the permit. A maximum of two (2) permits may be issued per household.
A permit shall be displayed in the front windshield of a motor vehicle registered at
the address of the applicant so that the permit is plainly visible to a person standing
outside of the motor vehicle. Any motor vehicle parked as permitted by this section
shall be parked in front of the residence for which the annual permit has been issued
in such a manner as not to obstruct access to the private driveways of neighboring
residents.
(2) A permit shall be issued to a specific residence address and may be transferred to any
vehicle registered at that address. Permits are not transferable to a third party.
(3) A fee in the amount established by the fee schedule per permit shall be charged for
the issuance of each permit. The annual renewal fee shall be in the amount
established by the fee schedule per permit. All permits shall be valid from January 1
until December 31 annually regardless of date of issuance. Permit fees shall not be
prorated.
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(c) Special permission in case of extraordinary circumstances. Special permission to park on
any public highway, street, alley or other public right-of-way during the restricted hours may be
granted by the chief of police or his designee. Such permission shall only be granted if the chief
of police or his designee determines that extraordinary circumstances exist. Extraordinary
circumstances may include driveway repair, home repair or rehabilitation requiring temporary
alternative driveway usage, temporary visitor parking when the capacity of the driveway is
insufficient to hold all motor vehicles, mechanical breakdown of motor vehicles, and/or other
similar temporary and unusual circumstances. Upon a determination by the chief of police or his
designee that extraordinary circumstances exist, permission to park on a public highway, street,
alley or other public right-of-way during restricted hours may be granted for a period not to
exceed three (3) consecutive days. Under no circumstances shall permission to park during
restricted hours be granted if, in the sole determination of the chief of police or his designee, the
request may result in a traffic hazard or may impede the access of emergency or other vehicles.
Any motor vehicle parked as permitted by this section shall be parked in front of the residence for
which the extraordinary circumstances exist in such a manner as not to obstruct access to the
private driveways of neighboring residents.
(d) Temporary permit. In lieu of purchasing an annual permit, a person who meets the
requirements of subsection (b) of this section, or, in the event that the need for parking due to an
extraordinary circumstance extends beyond three (3) consecutive days, a person who desires to
stand or park a motor vehicle upon a public highway, street, alley or other public right-of-way
during restricted hours, may purchase a temporary permit from the town. A temporary permit
authorized by this section shall be issued for a period not to exceed seven (7) days. The temporary
parking permit fee shall be in the amount established by the fee schedule and may be renewed
one (1) time per calendar year upon application for an extension and payment of a renewal fee in
the amount established by the fee schedule. No more than two (2) temporary parking permits and
two (2) renewals of seven (7) days each may be issued for each residence per calendar year. If the
need for a temporary parking permit results from driveway repairs being performed by or under
the direction of a public utility company or a governmental entity, including without limitation
the town or MUD 1, the permit fee imposed by this section shall be waived. Any motor vehicle
parked as permitted by this section shall be parked in front of the residence for which the
temporary permit has been issued in such a manner as not to obstruct access to the private
driveways of neighboring residents.
(e) Vehicles ineligible for permit. Parking permits issued to residences under this section shall
not be allowed for use in semi-trailers, trailers, truck-tractors or motor vehicles with more than
3/4 ton carrying capacity.
(2006 Code, ch. 10, sec. 2.05(E); Ordinance adopting Code. See end of this division for full
history for this division.)
Sec. 12.04.009 Parking for disabled persons
(a) Posting of sign; width of spaces. The town, or any private property owner within the town,
who voluntarily designates a parking space or area specifically for a person who is disabled by
reason of mobility problems that substantially impair the person’s ability to ambulate or who is
legally blind, must post a sign that conforms to the design established and approved by the state
department of transportation and the space or spaces provided must conform to the width
requirements set by the department.
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(b) Parking privileges. Any vehicle displaying a symbol, label, or other device authorized by
the state department of transportation and issued to the operator thereof for use in transporting a
disabled person, when operated by or for the transportation of such disabled person, shall be
allowed to park for unlimited periods in any parking space or parking area designated specifically
for the physically handicapped. Such vehicle, being properly marked as provided by such statute,
is exempt from the payment of fees or penalties imposed by any code of the town for parking at a
meter or in a space with a limitation on the length of time for parking, unless the vehicle was not
parked at the time by or for the transportation of a disabled person. This exemption does not
apply to fees or penalties imposed by a branch of the United States government. This section does
not permit parking a vehicle at a place or time that parking is prohibited.
(c) Offenses; penalty. A person commits an offense if the person is neither temporarily or
permanently disabled nor transporting a temporarily or permanently disabled person and parks a
vehicle with such special device or displaying a temporarily disabled person identification card in
any parking space or parking area designated specifically for the disabled. A person commits an
offense if the person parks a vehicle neither displaying the special device nor displaying a
temporarily disabled person identification card in a parking space or parking area designated
specifically for the disabled. An offense under this section is punishable by a fine of not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
(2006 Code, ch. 10, sec. 2.05(G). See end of this division for full history for this division.)
(Ordinance 2004-09, sec. VI, adopted 2/16/04; Ordinance 2005-26, sec. VI, adopted 10/3/05;
Ordinance 2006-09, sec. VI, adopted 5/1/06; Ordinance 2006-23, sec. 2.01, adopted 7/24/06;
Ordinance 2006-38, sec. II, adopted 9/18/06; 2006 Code, ch. 10, sec. 2.05; Ordinance 2011-39
adopted 11/14/11; Ordinance 2012-07 adopted 3/19/12; Ordinance 2013-04 adopted 2/4/13)
State law reference–Privileged parking for disabled persons, V.T.C.A., Transportation Code, ch. 681.
ARTICLE 12.05 COMMERCIAL VEHICLES
Division 1. Generally
Secs. 12.05.001–12.05.030 Reserved
Division 2. Overweight Vehicles*
Sec. 12.05.031 Compliance; permit for special loads
(a) Compliance. Except as otherwise provided by law, no person may drive, operate, or move,
nor may the owner cause or permit to be driven, operated or moved, on any street, any vehicle or
vehicles of a weight exceeding the limitations stated in this division, or transport thereon any load
or loads exceeding the weight prescribed in this division.
* State law references–General provisions relating to vehicle size and weight, V.T.C.A., Transportation
Code, ch. 621; municipal regulation of loads and equipment, V.T.C.A., Transportation Code, sec. 621.303.
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(b) Permit; designation of route.
(1) The town council may issue permits limited to periods of ten (10) days or less for the
transportation over town streets of overweight commodities which cannot be
reasonably dismantled or for the operation over the town streets of super-heavy
equipment for the transportation of overweight commodities which cannot be
reasonably dismantled.
(2) A permit fee in the amount set forth in the fee schedule in appendix A of this code
shall be charged for each vehicle transporting over town streets overweight
commodities which cannot be reasonably dismantled or for the operation over town
streets of super-heavy equipment for the transportation of overweight commodities
which cannot be reasonably dismantled. The owner or operator of such vehicles may
apply to the permit department for said permit. Each permit shall contain the name of
the owner or operator of the vehicle, the weight which the vehicle is carrying, the
vehicle identification number, and any other information deemed necessary by the
town council. The town council shall designate the route within the town to be used
by said vehicles operating over the town streets.
(2006 Code, ch. 10, sec. 2.06(A). See end of this division for full history for this division.)
Sec. 12.05.032 Weight limits
(a) Except as otherwise provided by law, no commercial motor vehicle, truck-tractor, trailer or
semi-trailer, nor combination of such vehicles, shall be operated over, on or upon town streets
having a weight in excess of one or more of the following limitations:
(1) No such vehicle nor combination of vehicles shall have a greater weight than twenty
thousand (20,000) pounds carried on any one axle, including all enforcement
tolerances; or with a tandem axle weight in excess of thirty-four thousand (34,000)
pounds, including all enforcement tolerances; or with an overall gross weight on a
group of two or more consecutive axles produced by application of the following
formula:
W = 500 (LN/(N - 1)) + 12 + 36
Where W = overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L = distance in feet between the extreme of any group of two
or more consecutive axles, and N = number of axles in group under consideration,
except that two consecutive sets of tandem axles may carry a gross load of 34,000
pounds each providing the overall distance between the first and last axles of such
consecutive sets of tandem axles is thirty-six (36) feet or more; provided that such
overall gross weight may not exceed eighty thousand (80,000) pounds, including all
enforcement tolerances.
(2) No such vehicle nor combination of vehicles shall have a greater weight than six
hundred (600) pounds per inch width of tire upon any wheel concentrated upon the
surface of the town street and using high-pressure tires, and a greater weight than six
hundred and fifty (650) pounds per inch width of tire upon any wheel concentrated
upon the surface of the highway and using low-pressure tires, and no wheel shall
carry a load in excess of eight thousand (8,000) pounds on high-pressure tires and ten
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thousand (10,000) pounds on low-pressure tires, nor any axle a load in excess of
sixteen thousand (16,000) pounds on high-pressure tires and twenty thousand
(20,000) pounds on low-pressure tires.
(3) In this section, an axle load is defined as the total load transmitted to the road by all
wheels whose centers may be included between two (2) parallel transverse vertical
planes forty inches (40") apart, extending across the full width of the vehicle.
Tandem axle group is defined as two (2) or more axles spaced forty inches (40") or
more apart from center to center having at least one (1) common point of weight
suspension.
(b) No person shall load, or cause to be loaded, a vehicle for operation on the town streets with
the intent to violate the weight limitations in subsection (a) of this section. Intent to violate those
limitations is presumed if the loaded vehicle exceeds the applicable gross vehicular weight limit
by fifteen percent (15%) or more. This subsection (b) does not apply to the loading or causing to
be loaded of an agricultural or a forestry commodity prior to the processing of the commodity.
(c) The load limits established by this section shall be posted by appropriate signs within the
town by the chief of police or his designated representative prior to the enforcement of any of the
provisions hereof.
(2006 Code, ch. 10, sec. 2.06(B). See end of this division for full history for this division.)
Sec. 12.05.033 Permit procedures
(a) When any person, firm or corporation desires to operate over any town street any vehicle
that cannot comply with one or more of the weight restrictions contained in this division, the
permit department may, as an alternative to any other procedure authorized by law, upon
application, issue a permit for the movement of such vehicle, when the permit department is of
the opinion that the same may be moved without material damage to the street or road.
(b) Upon application for a permit for any commercial motor vehicle, truck-tractor, trailer or
semi-trailer, the applicant shall deliver to the permit department an affidavit, duly sworn to before
an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load
to be transported thereon, and the total gross weight for which said vehicle is to be permitted,
which affidavit shall be kept on file by the permit department. The permit issued to the applicant
shall also show the total gross weight for which said vehicle is registered. A copy of said receipt
shall be carried at all times on any such vehicle while the vehicle is upon the town streets.
(c) The copy of the permit above required shall be admissible in evidence in any case in which
the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the
gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to
any officer authorized to enforce this chapter, upon request by such officer.
(d) The chief of police shall formulate rules and regulations regarding issuance of permits,
including, but not limited to, the forms and procedures to be used in applying for same; whether a
particular permit shall be for one trip only or for a period of time, and such other matters as the
chief of police may deem necessary to carry out the provisions of this division. The failure of an
owner or his representative to comply with any rule or regulation of the chief of police or any
condition placed on his permit shall render the permit void and, immediately upon such violation,
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any further movement over the town streets of the overweight vehicles shall be in violation of
existing laws regulating the weight of vehicles on town streets.
(e) The movement of such overweight vehicles is a privilege not accorded to every user of the
town streets. Therefore, the fees for a special transportation permit should be sufficient to cover
the administrative costs incurred in the processing and issuing of the permit and the additional
wear on the town’s streets. It is also recognized that the use of such overweight vehicles on the
town’s streets may inconvenience other vehicle operators. It is therefore declared to be the policy
of the town council that in formulating such rules and regulations, and in establishing such fees,
the town council shall consider and be guided by:
(1) The town’s investment in its streets;
(2) The safety and convenience of the general traveling public;
(3) The suitability of roadways and subgrades on the streets, variation in soil grade and
the seasonal effect on street load capacity.
(2006 Code, ch. 10, sec. 2.06(C). See end of this division for full history for this division.)
Sec. 12.05.034 Liability for damage
The issuance of a permit for an overweight movement shall not be a guarantee by the town that
the streets can safely accommodate such movement, and the owner of any vehicle involved in any
overweight movement, whether with or without permit, shall be strictly liable for any damage
such movement shall cause the streets or any of its structures or appurtenances. (2006 Code, ch.
10, sec. 2.06(D). See end of this division for full history for this division.)
Sec. 12.05.035 Vehicles used to transport solid waste
Vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the
Solid Waste Disposal Act, section 361.003, Tex. Health and Safety Code Ann. (Vernon 1998),
may be operated upon the town streets with a tandem axle gross load not to exceed 44,000
pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not
to exceed 64,000 pounds; provided that, where the vehicle is to be operated with a tandem axle
gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such
vehicle shall first file with the state department of transportation a surety bond in the principal
sum not to exceed $15,000.00 for each vehicle, which sum shall be set by the state department of
transportation, said bond to be conditioned that the owner of such vehicle will pay to the town,
within the limit of such bond, all damages done to the town streets by reason of the operation of
such vehicle with a tandem axle gross load in excess of 34,000 pounds. (2006 Code, ch. 10, sec.
2.06(E). See end of this division for full history for this division.)
Sec. 12.05.036 Vehicles transporting ready-mix concrete
Vehicles used exclusively to transport ready-mixed concrete, which is hereby defined as a
perishable product, may be operated upon the public streets of the town with a tandem axle load
not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not
to exceed 64,000 pounds; provided that, where the vehicle is to be operated with a tandem axle
load in excess of 34,000 pounds, the owner of such vehicle shall first file with the town a surety
bond in the principal sum as fixed by the town, which sum shall not be set at a greater amount
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than $15,000.00 for each vehicle, said bond to be conditioned that the owner of such vehicle will
pay to the town, within the limit of such bond, all damages done to the town streets by reason of
the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall
be subject to the approval of the town council. (2006 Code, ch. 10, sec. 2.06(F). See end of this
division for full history for this division.)
Sec. 12.05.037 Weighing of vehicles by police officers; procedure when weight exceeds
permitted weight
(a) Any police officer having reason to believe that the gross weight or axle load of a loaded
motor vehicle is unlawful is authorized to weigh the same by means of portable or stationary
scales furnished or approved by the state department of public safety, or cause the same to be
weighed by any public weigher, and to require that such vehicle be driven to the nearest available
scales for the purpose of weighing. In the event the gross weight of such vehicle is found to
exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent
(5%) of the gross weight authorized by law, such police officer shall demand and require the
operator or owner thereof to rearrange his cargo if possible to bring such vehicle and load within
the maximum axle load authorized by law, and if this cannot be done by rearrangement of said
cargo, then such portion of the load as may be necessary to decrease the axle load to the
maximum authorized by law plus such tolerance allowance shall be unloaded before such vehicle
may be operated further over the public roads of the town. Provided, however, that if such load
consists of livestock, then such operator shall be permitted to proceed to the destination without
being unloaded, provided the destination be within the state.
(b) It is further provided that, in the event the gross weight of the vehicle exceeds the permitted
gross weight, the police officer shall require the operator or owner thereof to apply to the permit
department for a permit in an amount that will cause his gross permitted weight to be equal to the
gross weight of the vehicle, provided such total permitted weight shall not exceed the legal gross
weight allowed for such vehicle, before such operator or owner may proceed. Provided, however,
that if such load consists of livestock or perishable merchandise, then such operator or owner
shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his
destination where his load may be protected from damage or destruction in the event he is
required to secure an additional permit before being allowed to proceed. It shall be conclusively
presumed and deemed prima facie evidence that where an operator or owner is apprehended and
found to be carrying a greater gross load than that for which he is permitted, he has been carrying
similar loads from the date of purchase of such permit.
(c) It is further provided that all forms and accounting procedures necessary to carry out the
provisions of this division shall be prescribed by the town council.
(2006 Code, ch. 10, sec. 2.06(G). See end of this division for full history for this division.)
(Ordinance 2004-09, sec. VII, adopted 2/16/04; Ordinance 2005-26, sec. VII, adopted 10/3/05;
2006 Code, ch. 10, sec. 2.06)
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ARTICLE 12.06 MOTOR-ASSISTED SCOOTERS, MINI-MOTORBIKES AND POCKET
BIKES*
Sec. 12.06.001 Definitions
When used in this article, the following words and phrases shall have the respective meanings
ascribed to them:
Child. Any individual under eighteen (18) years of age.
Daytime hours. The time period beginning one-half hour before sunrise and ending one-half hour
after sunset.
Helmet. Properly fitted protective headgear that is not structurally damaged and that conforms to
the standards of the American National Standards Institute, the American Society for Testing and
Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction
over bicycle helmets, as applicable, at the time of the manufacture of the helmet.
Motor-assisted scooter. The same meaning assigned by Texas Transportation Code section
551.301(2) [551.351(1)], as it exists or may be amended, and includes self-propelled device with
at least two (2) wheels in contact with the ground during operation; a braking system capable of
stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic
centimeters or less; a deck designed to allow a person to stand or sit while operating the device;
and the ability to be propelled by human power alone.
Parent. The natural or adoptive parent or court-appointed guardian or conservator of a child.
Pocket bike or mini-motorbike. Shall have the same meaning assigned by the Texas
Transportation Code section 551.301, as it exists or may be amended, and includes a self-
propelled vehicle that is equipped with an electric motor scooter or internal combustion engine
having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with
not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the
operator, is not designed for use on a highway, and is ineligible for a certificate of title under
chapter 501 of the Texas Transportation Code, as it exists or may be amended; but does not
include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device,
electric personal assistive mobility device or a neighborhood electric vehicle as those are defined
in the Texas Transportation Code, as it exists or may be amended.
Public way or public property. Real property owned, leased or controlled by a political
subdivision of the state, a governmental entity or agency, or similar entity, or any property that is
publicly owned or maintained or dedicated to public use, including, but not limited to, a path,
trail, sidewalk, alley, street or highway, and a public park facility.
* State law reference–Neighborhood electric vehicles and motor-assisted scooters, V.T.C.A.,
Transportation Code, sec. 551.301 et seq.
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Wearing a helmet. That the person has a helmet fastened securely to his/her head with the straps
of the helmet securely tightened in the manner intended by the manufacturer to provide maximum
protection.
(Ordinance 2004-17, sec. II, adopted 6/21/04; Ordinance 2005-28, sec. 2, adopted 12/5/05; 2006
Code, ch. 10, sec. 11.01)
Sec. 12.06.002 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues. (Ordinance 2004-17, sec. IV, adopted 6/21/04; Ordinance 2005-28, sec. 4, adopted
12/5/05; 2006 Code, ch. 10, sec. 11.03)
Sec. 12.06.003 Operation
(a) Locations of use.
(1) A motor-assisted scooter shall only be operated on public streets and highways
during daytime hours as defined herein.
(2) A motor-assisted scooter shall only be operated on paths and trails located within a
public park or paths and trails designated as part of a public pathway system.
(3) It shall be unlawful for any person to operate or ride a motor-assisted scooter on any
path, trail, alley, street or highway within the town, except in accordance with the
provisions of this article.
(4) It shall be unlawful for a parent or guardian to allow or permit a child or ward to
operate or ride a motor-assisted scooter on any path, trail, alley, street or highway
within the town, in violation of any provision of this article.
(5) It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor-
assisted scooter in a restricted or prohibited area.
(6) It shall be unlawful for any child, licensed minor or adult to operate or ride a mini-
motorbike or a pocket bike on any public way or public property within the town.
(7) It shall be unlawful for a parent to allow or permit a child or licensed minor to
operate or ride a mini-motorbike or a pocket bike on any public way or public
property within the town.
(8) There is a presumption that a parent allowed a child or licensed minor to operate or
ride a motor-assisted scooter, a mini-motorbike or a pocket bike in a restricted or
prohibited area.
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(b) Helmets required. The following criteria shall apply to operators of motor-assisted scooters:
(1) It shall be unlawful for any child to operate or ride a motor-assisted scooter, a mini-
motorbike or a pocket bike unless the child is wearing a helmet.
(2) It shall be unlawful for a parent to knowingly allow or permit a child to operate a
mini-motorbike, a pocket bike or ride a motor-assisted scooter unless the child is
wearing a helmet.
(3) It is a defense to prosecution that the motor-assisted scooter, mini-motorbike, or
pocket bike was not being operated upon public property or a public way at the time
of the alleged offense.
(Ordinance 2004-17, sec. III, adopted 6/21/04; Ordinance 2005-28, sec. 3, adopted 12/5/05; 2006
Code, ch. 10, sec. 11.02)
ARTICLE 12.07 MOTORIZED CARTS
Sec. 12.07.001 Applicability/exemptions
(a) Applicability.
(1) Motorized carts. Except as expressly provided herein, the provisions of this article
shall apply to all motorized carts operated upon a street or other specifically
designated area within the town.
(2) ATV and similar vehicles. Nothing in this article permits the operation of those
motorized conveyances commonly referred to as ATVs, four-wheelers, mules, gators,
go-carts, and any similar gas powered conveyance on a public roadway within the
town, except when utilized by authorized town personnel for town business.
(3) Low speed vehicle and neighborhood electric vehicles. Low speed vehicles (LSV’s)
and neighborhood electric vehicles (NEV’s) are authorized by the Transportation
Code to be registered as a motor vehicle. If operated on the streets of the town,
LSV’s and NEV’s shall be required to meet all state and federal safety standards and
be registered as motor vehicles in accordance with the Texas Transportation Code. A
town permit is not required for these vehicles.
(b) Exemptions. The following use or operation of a motorized cart shall be exempt from the
regulations of this article:
(1) Golf course. The operation of either a privately owned motorized cart or a motorized
cart owned or leased by a golf course or other third party when the cart is used only
on the golf course or used only to cross a roadway from one section of a golf course
to another section of the same course;
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(2) Gated or private planned community. The operation of a motorized cart within a
gated, private, or limited access community with private streets, a uniform set of
restrictive covenants, and a town-approved plat, unless traffic enforcement has been
requested by the homeowners living within the community and the town council has
approved their request;
(3) Official town business. A motorized cart is used or operated by personnel for the
town on official police business or for official business of the town on property
owned by or leased to the town;
(4) Transportation to/from golf course - daytime only. The operation of a motorized cart
upon a public street with a posted speed limit of not more than thirty-five (35) miles
per hour if the golf cart complies with all requirements of the Texas Transportation
Code, as amended, for the operation of a cart, is operated during the daytime only
and not more than two (2) miles from the location where the golf cart is usually
parked and for transportation to or from a golf course; or
(5) Parade, festival or special event. The operation of a motorized cart when the cart is
used in connection with a parade, festival or other town authorized or sponsored
special event, the written consent of the sponsor is obtained, and the cart is only used
as part of such parade, festival or special event. Further, a motorized cart used in
connection with such parade, festival, or special event shall comply with all
requirements set forth in the town issued special event permit for the parade, festival,
or other special event.
(Ordinance 2013-11 adopted 4/22/13)
Sec. 12.07.002 Definitions
The following words, terms, and phrases, when used in this article, shall have the meanings
provided below, except where the context clearly indicates a different meaning.
Cart operation sticker or sticker. A decal issued by the town to the owner of a motorized cart
authorizing the operation of the cart upon street(s) of the town as authorized in this article.
Daytime operation. Operation of a cart during the period beginning one-half hour before sunrise
and ending one-half hour after sunset.
Driver. A person driving and having physical control over a vehicle, including but not limited to a
motorized cart.
Driver’s license. An authorization issued by a state for the operation of a motor vehicle, including
but not limited to a temporary license, provisional license, instructional permit, and an
occupational license.
Low speed vehicle (LSV). A motor vehicle that is four (4) wheeled and has an attainable top speed
of more than twenty (20) miles per hour and not more than twenty-five (25) miles per hour on a
paved level surface, which is manufactured or retrofitted in compliance with those federal motor
vehicle safety standards for low-speed vehicles, and has a weight of less than 3,000 pounds.
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Motorized cart or cart. Those electric or gasoline powered carts, commonly referred to as golf
carts, but which must have a minimum of four (4) wheels and which have an attainable top speed
of less than twenty (20) miles per hour on a paved level surface. Specifically excluded from this
definition are those motorized conveyances commonly referred to as low speed vehicles (LSV’s),
neighborhood electric vehicles (NEV’s), ATVs, four-wheelers, mules, gators, and go-carts.
Nighttime. The period beginning one-half hour after sunset and ending one-half hour before
sunrise.
Owner. A person who holds title to or who leases a motorized cart for his own personal use or for
the use of a third party, whether for private or for commercial retail purposes.
Parking area. Those areas accessible to the public by motor vehicular traffic and which are
designated for temporary parking of motor vehicles, usually in place referred to as parking lots.
Permit holder. The person to whom a motorized cart permit has been issued.
Permit or motorized cart permit. A certificate/decal displaying the month and year of its
expiration, issued by the town, and authorizing the use of such cart upon the streets of the town
for either daytime operation or twenty-four (24) hour operation.
Person. An individual, corporation, partnership, joint venture, or any other business entity.
Sidewalk. The portion of a street that is between a curb or lateral line of a roadway and the
adjacent property line and intended for pedestrian use.
Slow-moving-vehicle-emblem. A triangular emblem that conforms to standards and specifications
and displayed in accordance with chapter 547 of the Texas Transportation Code, as amended.
Street(s). The public roadways of the town and the private roadways for which the Texas
Transportation Code has been applied by council action regardless of its designation as a road,
alley, avenue, highway, route, boulevard, etc. that:
(1) Has a posted speed limit of thirty-five (35) miles per hour or less;
(2) Provides for no more than two (2) lanes of vehicular traffic per direction; or
(3) Is not designated as part of either the state or federal highway system.
Twenty-four (24) hour operation. Operation of a cart during both daytime and nighttime.
Traffic way. Any land way open to the public as a matter of right or custom for moving persons or
property from one place to another. The traffic way includes all property, both improved and
unimproved, between the property lines of a roadway system.
Business days. Monday through Friday, 8:00 a.m.–5:00 p.m. excluding town-observed holidays.
(Ordinance 2013-11 adopted 4/22/13)
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Sec. 12.07.003 Operational regulations
(a) Operation of cart/compliance with traffic laws. A driver may operate a motorized cart for
which a valid motorized cart permit has been issued during the hours authorized by the permit
issued for his/her cart under section 12.07.005 of this article. Except as provided herein, while
operating a motorized cart upon street(s) of the town a driver shall comply with all laws
applicable to carts and other motor vehicles as set forth in this article, the Texas Transportation
Code, as amended, and other state laws. A driver shall be subject to citation for all violations of
this article, the Texas Transportation Code, and other applicable state law.
(b) Driver’s license required. A driver of a motorized cart shall be at least sixteen (16) years of
age, hold a valid Texas driver’s license and shall abide by all state and local traffic regulations
applicable to vehicular traffic when operating a motorized cart upon the streets and parking areas
of the town.
(c) Sidewalk or pedestrian way. A driver shall not operate a motorized cart on any sidewalk,
pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic,
unless such operation is by police or other authorized town personnel acting in an official
capacity and performing an official duty.
(d) Crossing intersections. A driver shall not operate a motorized cart upon any portion of a
street or traffic way having a posted speed greater than thirty-five (35) miles per hour; provided
however, that a person may cross an intersection, including a road or street that has a posted
speed limit of more than thirty-five (35) miles per hour as authorized by the Texas Transportation
Code, as amended. A driver of a motorized cart may cross a multi-lane or a federal, county or
state route only at an intersection controlled by an official traffic-control device which stops
traffic from all directions.
(e) Lane usage. A motorized cart is entitled to full use of a lane on the authorized streets and
parking areas of the town and no motor vehicle shall be driven in such a manner as to deprive any
motorized cart of the full use of a lane. A driver shall not operate a motorized cart between lanes
of traffic or between adjacent lines or rows of vehicles.
(f) Passing. A driver of a motorized cart shall not overtake and pass in the same lane occupied
by the vehicle being overtaken. While being overtaken and passed, the driver of a motorized cart
may utilize the calming lanes found on Trophy Club Drive, Indian Creek Drive, and Trophy
Wood Drive.
(g) Maximum number of occupants. The number of occupants in a motorized cart shall be
limited to the number of persons for whom seating capacity is provided on the vehicle. The
operator and all occupants shall be seated upon the seat of the vehicle and no part of the body of
the operator or occupant shall extend outside the perimeter of the vehicle while the vehicle is
being operated except while signaling turns or stops. A driver shall not permit any occupant of a
cart to ride in the lap of any occupant or stand on the rear of the vehicle while the vehicle is in
motion.
(h) Parking. A driver of a motorized cart may park a cart only in the same manner and at the
same places designated for the parking of motor vehicles. The stopping, standing or parking of
motorized carts in an area where parking is not allowed or in any place or manner that impedes
the flow of traffic, pedestrian walkways or a passageway is prohibited. A driver shall not park a
motorized cart within a space designated for disabled persons unless a current disabled parking
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placard is displayed on the cart and the person to whom the placard was issued is operating or
being transported in the motorized cart. Notwithstanding the foregoing, a property owner may
designate an area outside of a parking area specifically for the use of motorized carts, provided
that the area is marked with appropriate signage and that the parking of a cart in that area does not
obstruct a fire lane, ingress or egress to a building, and does not interfere with the flow of
vehicular traffic in a parking area.
(i) Towing prohibited. Except as expressly allowed in this article, motorized carts shall not be
used for the purpose of towing another cart, trailer, vehicle of any kind or a person, including
without limitation a person on roller skates, skateboard, bicycle, or other wheeled device. A
person employed by a golf course may tow a cart for the purpose of relocating the cart from one
portion of a golf course to another portion of the same golf course and may cross a roadway while
doing so.
(Ordinance 2013-11 adopted 4/22/13)
Sec. 12.07.004 Equipment
(a) General. It shall be unlawful for a person to operate a motorized cart on the streets of the
town if a permit has not been issued for the cart, if the motorized cart does not meet all minimum
equipment standards, if required liability insurance for the cart is not maintained, or if a person
fails to comply with any other requirement of this article.
(b) Required equipment.
(1) Daytime operation. Except as expressly exempted from this article, each motorized
cart permitted for daytime operation and operated upon a street(s) within the town
shall be required to meet the minimum equipment standards specified in this article.
A daytime operation permit shall not be issued for a motorized cart that does not
meet the following minimum equipment standards:
(A) Operational headlamps (2 required);
(B) Operational tail lamps (2 required);
(C) Side reflectors (2 front: amber in color and 2 rear: red in color);
(D) Stop lamps (2 required);
(E) Operational parking brake;
(F) An exterior mirror mounted on the driver’s side of the vehicle and either an
exterior mirror mounted on the passenger’s side of the vehicle or an interior
mirror (capable of a clear unobstructed view of at least two hundred (200) feet
to the rear);
(G) Slow-moving-vehicle-emblem on the rear;
(H) Horn (audible for a distance of two hundred (200) feet in compliance with
Texas Transportation Code, section 547.501, as amended); and
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(I) A windshield.
All required equipment for a motorized cart shall meet state and federal motor
vehicle safety standards.
(2) Twenty-four (24) hour operation. Except as expressly exempted from this article,
each motorized cart permitted for twenty-four (24) hour operation upon a street(s)
within the town shall be required to meet the minimum equipment standards
specified in this article. A twenty-four (24) hour operation permit shall not be issued
for a motorized cart that does not meet the following minimum equipment standards:
(A) Operational headlamps (2 required);
(B) Operational tail lamps (2 required);
(C) Side reflectors (2 front: amber in color and 2 rear: red in color);
(D) Stop lamps (2 required);
(E) Front and rear turn signal lamps;
(F) Operational parking brake;
(G) An exterior mirror mounted on the driver’s side of the vehicle and either an
exterior mirror mounted on the passenger’s side of the vehicle or an interior
mirror (capable of a clear unobstructed view of at least two hundred (200) feet
to the rear);
(H) Slow-moving-vehicle-emblem on the rear;
(I) Horn (audible for a distance of two hundred (200) feet in compliance with
Texas Transportation Code, section 547.501, as amended); and
(J) A windshield.
(c) Exhaust system for gasoline powered motorized carts. In addition to the above-listed
equipment, every motorized cart powered by gasoline shall at all times be equipped with an
exhaust system in good working order, in constant operation and meeting the following
specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust
manifold to and including the muffler and exhaust pipes or including any and all
parts specified by the manufacturer.
(2) The exhaust system and its elements shall be securely fastened with brackets or
hangers, which are designed for the particular purpose of fastening motorized cart
exhaust systems.
(d) Atmospheric emissions. It shall be unlawful for the owner of any motorized cart to operate
or permit the operation of such cart without a properly installed device controlling or abating
atmospheric emissions. It shall be unlawful for a cart owner, cart manufacturer or any other third
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party to render such emissions device unserviceable by removal, alteration or by any other action
which interferes with its operation.
(Ordinance 2013-11 adopted 4/22/13)
Sec. 12.07.005 Permits and cart operation stickers
(a) Permit required/cart operation sticker.
(1) Daytime operation permit. A person shall not operate, cause to be operated, or allow
the operation of a motorized cart on a street in the daytime hours unless a valid
permit has been issued for that motorized cart; provided however, that a permit shall
not be required for operation of a motorized cart that is expressly exempted from this
article under section 12.07.001(b). Upon town approval of a completed permit
application for a daytime operation permit and compliance with all requirements of
this article, a daytime cart operation sticker shall be issued to the owner of a
motorized cart. It shall be a violation for a person to place a cart operation sticker
upon any motorized cart other than the one for which the sticker was issued.
(2) Twenty-four (24) hour operation permit. A person shall not operate, cause to be
operated, or allow the operation of a motorized cart on a street unless a valid permit
has been issued for that motorized cart; provided however, that a permit shall not be
required for operation of a motorized cart that is expressly exempted from this article
under section 12.07.001(b). Upon town approval of a completed permit application
and compliance with all requirements of this article, a cart operation sticker shall be
issued to the owner of a motorized cart. It shall be a violation for a person to place a
cart operation sticker upon any motorized cart other than the one for which the
sticker was issued.
(b) Location of cart operation sticker/damaged, lost, or stolen sticker. A cart operation sticker
shall be permanently affixed to the left side of the motorized cart to which it was issued, in such a
manner that it is clearly visible from fifty (50) feet. The sticker shall not be damaged, altered,
obstructed, or otherwise made illegible. It shall be a violation for a person to operate a motorized
cart upon a street without having the sticker required for the use of the cart properly displayed as
required by this article. If a sticker is damaged, lost, or stolen, the owner may obtain a
replacement sticker upon compliance with procedural requirements adopted by the town and
payment of applicable fees.
(c) Permit application. An application for a permit under this article shall be made by a person
who owns or leases a cart for use upon the streets or who leases a cart to third parties for use upon
the streets. An application shall be filed with the town police department in a form determined
appropriate by the town police department. The application form shall contain information as
determined appropriate and necessary by the town to ensure compliance with this article.
(d) Inspection required. As part of the permit application process, each motorized cart shall be
inspected by a person(s) and at a location(s) designated by the chief of police to determine
compliance with the requirements of this article. If a cart fails inspection because it fails to meet
one or more of the requirements of this article, the person inspecting the cart shall provide an
owner with written notice of the deficiency or deficiencies. A permit shall not be issued unless a
cart passes inspection and meets all requirements of this article.
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(e) Financial responsibility. At the time of cart inspection, an applicant shall provide proof of
financial responsibility (liability insurance) meeting the minimum state requirements for liability
insurance for motor vehicles. A permit shall not be issued unless valid proof of financial
responsibility is provided to the town. It shall be a violation for a person to operate a motorized
cart on a street without current valid financial responsibility meeting the minimum state
requirements for motor vehicles.
(f) Fee: permits and stickers shall be valid for a period of two (2) years from the date of
issuance. The fees established in the fee schedule in appendix A to this code shall be paid by an
applicant at the time of application for permit or for replacement sticker.
(g) Changes in ownership, storage address, or speed range. A permit holder shall notify the
town police department in writing within ten (10) business days if the ownership of a motorized
cart with a current valid permit is transferred out of the name of the permit holder, if the storage
address listed on the permit application is changed, or if a motorized cart has been retrofitted to
have a top speed exceeding the maximum limits allowed for a motorized cart under this article.
The information shall be submitted on a form designated by the chief of police.
(h) Revocation. A permit may be revoked if a permit holder or driver is convicted of three (3)
violations of this article or of state law within an eighteen (18) month period. For purposes of
revocation, participation in a deferred disposition program shall be counted as a conviction. The
chief of police is authorized to make a determination whether revocation under this section is
authorized. A permit holder or driver may appeal the determination of the chief of police to the
town manager, whose decision shall be final.
(Ordinance 2013-11 adopted 4/22/13; Ordinance adopting Code)
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CHAPTER 13
UTILITIES
ARTICLE 13.01 GENERAL PROVISIONS.............................................................................13-7
Sec. 13.01.001 Septic tanks, cesspools and privies......................................................13-7
ARTICLE 13.02 SOLID WASTE..............................................................................................13-7
Division 1. Generally...............................................................................................................13-7
Sec. 13.02.001 Definitions...........................................................................................13-7
Sec. 13.02.002 Duties of residential customers...........................................................13-9
Sec. 13.02.003 Residential collection of brush..........................................................13-10
Sec. 13.02.004 Residential collection schedule; charges for services; late fee..........13-10
Sec. 13.02.005 Disposal of residential hazardous waste materials............................13-10
Sec. 13.02.006 Removal of debris from construction, cleanup of property, etc........13-11
Sec. 13.02.007 Duties of nonresidential customers....................................................13-11
Sec. 13.02.008 Collection from nonresidential customers; containers for
multifamily residential complexes..................................................13-11
Sec. 13.02.009 Prohibited acts and conditions...........................................................13-11
Division 2. Scavenging Refuse..............................................................................................13-12
Sec. 13.02.041 Definitions.........................................................................................13-12
Sec. 13.02.042 Penalty...............................................................................................13-12
Sec. 13.02.043 Prohibition.........................................................................................13-12
Sec. 13.02.044 Exceptions.........................................................................................13-13
ARTICLE 13.03 STORMWATER DRAINAGE UTILITY....................................................13-13
Division 1. Generally.............................................................................................................13-13
Sec. 13.03.001 Definitions.........................................................................................13-13
Sec. 13.03.002 Penalty...............................................................................................13-14
Sec. 13.03.003 Findings; system established; adoption of state law..........................13-14
Sec. 13.03.004 Designation of program responsibility..............................................13-15
Sec. 13.03.005 Exemptions........................................................................................13-15
Division 2. Fees.....................................................................................................................13-15
Sec. 13.03.031 Definitions.........................................................................................13-15
Sec. 13.03.032 Findings and determinations..............................................................13-17
Sec. 13.03.033 Fee schedule......................................................................................13-17
Sec. 13.03.034 Billing, payment and penalties..........................................................13-18
Sec. 13.03.035 Adjustment of fees.............................................................................13-18
Sec. 13.03.036 Stormwater drainage utility fund.......................................................13-20
Sec. 13.03.037 Exemptions........................................................................................13-20
ARTICLE 13.04 MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY
UTILITY PROVIDERS........................................................................................................13-21
Sec. 13.04.001 Definitions.........................................................................................13-21
Sec. 13.04.002 Penalty...............................................................................................13-22
Sec. 13.04.003 Provider registration; permit for placement of facilities....................13-22
Sec. 13.04.004 Use of right-of-way...........................................................................13-28
Sec. 13.04.005 Construction, maintenance and repair of facilities............................13-31
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Trophy Club Code of Ordinances Chapter 13: Utilities
13-2
Sec. 13.04.006 Tree trimming; landscaping and erosion control...............................13-33
Sec. 13.04.007 Attachments to space in ducts...........................................................13-34
Sec. 13.04.008 Temporary removal of aerial wires...................................................13-34
Sec. 13.04.009 Restoration of site..............................................................................13-34
Sec. 13.04.010 Warning devices; emergency contact................................................13-36
Sec. 13.04.011 Responsibilities of provider...............................................................13-36
Sec. 13.04.012 Insurance...........................................................................................13-37
Sec. 13.04.013 Governing law...................................................................................13-39
Sec. 13.04.014 Indemnification of town....................................................................13-39
Sec. 13.04.015 Surety bond........................................................................................13-39
Sec. 13.04.016 Director’s authority; enforcement; offenses......................................13-40
Sec. 13.04.017 Venue.................................................................................................13-41
Sec. 13.04.018 Service of notices to town.................................................................13-42
[Next page is 13-7.]
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Trophy Club Code of Ordinances Chapter 13: Utilities
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ARTICLE 13.01 GENERAL PROVISIONS*
Sec. 13.01.001 Septic tanks, cesspools and privies
(a) Prohibited; exception. It shall be unlawful for any person to build, construct, dig, install,
maintain or use any dry toilet, surface privy, cesspool or septic tank within the town; provided,
however, when connection to the town’s sanitary sewer system is impossible or impractical at any
time, the construction, maintenance and use of a septic tank constructed in conformity to state,
county and local law and approved by the building inspector may be permitted until such time as
connection to the sewer system may be made.
(b) Existing septic tanks. This section shall not apply to those septic tanks which are in place at
the time of the passage of this section, provided that they presently meet and maintain and
continue to meet and maintain all the provisions as provided by state law.
(c) Penalty. Any person, firm, corporation or association who shall fail to comply with the
provisions as set forth in this section shall be subject to a fine, upon conviction in the municipal
court, not to exceed two thousand dollars ($2,000.00), and each and every day that the premises
shall remain in such condition in violation of the terms of this section shall constitute a separate
offense, subject to application of the full penalty contained herein.
(Ordinance 85-19, secs. I, II, adopted 6/24/85; Ordinance 98-28, sec. 7, adopted 10/20/98; 2006
Code, ch. 11, secs. 7.01–7.03)
State law reference–On-site sewage disposal systems, V.T.C.A., Health and Safety Code, ch. 366.
ARTICLE 13.02 SOLID WASTE†
Division 1. Generally
Sec. 13.02.001 Definitions
Brush. Tree and shrub trimmings and limbs, etc., which exceed four (4) feet in length and cannot
be easily placed in refuse containers or loaded readily into regular refuse compaction equipment.
Bulky waste. Stoves, refrigerators, water tanks, washing machines, furniture, appliances and other
waste materials with weights and volumes greater than those allowed for containers, but
specifically excluding:
(1) Loose construction debris, carrion, hazardous waste, medical waste or stable matter;
* Charter references–Franchises and public utilities, article X; sales of electricity, water and sewer
service, section 10.10.
State law references–Municipal utilities generally, V.T.C.A., Local Government Code, ch. 552;
miscellaneous powers and duties of utilities, V.T.C.A., Utilities Code, ch. 181; municipal utility districts,
V.T.C.A., Water Code, ch. 54.
† State law references–Municipal solid waste, V.T.C.A., Health and Safety Code, ch. 363; Solid Waste
Disposal Act, V.T.C.A., Health and Safety Code, ch. 361.
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(2) Any refrigerators, freezers, air conditioners, or other appliances that do not contain
written or visual evidence that the chlorofluorocarbons (CFCs) have been removed
therefrom by a certified, authorized, and licensed technician; and
(3) Any other objects or items that the contractor is precluded by federal, state, or local
law or regulation from collecting or disposing in a municipal sanitary landfill.
Carrion. The dead and putrefying flesh or carcass of any animal, fowl or fish.
Commercial container. Metal containers supplied by the town’s approved franchise vendor
affording adequate capacity to service a customer so as to prevent spillage and unsightly and
unsanitary conditions.
Construction debris. Dirt, concrete, rocks, bricks or other waste building materials.
Curbside service. The pickup of garbage, trash, brush, bulky wastes, rubbish, debris, and
recyclable materials by the town’s approved franchise vendor at a resident’s street address.
Garbage. Household waste, animal, or vegetable matter, as from a kitchen or food processing
facility; ashes or any other material which is damp or capable of emitting noxious odors.
Hazardous waste. Any liquid or solid material, oil, sludge, and any radioactive, pathological,
toxic, acidic, or volatile materials, or any chemical, compound, mixture, substance, or article
which is designated by the United States Environmental Protection Agency or appropriate agency
of the state to be “hazardous,” “toxic” or a “contaminant” or “pollutant,” as such terms are
defined by or pursuant to federal or state law or regulation.
Pickup day. A day(s) scheduled by the town for pickup of refuse and recycling materials. If a
pickup day falls on a holiday, there will not be refuse or recycling service and a make-up day will
not be substituted.
Recyclable materials. The following items are allowed in recycling containers:
(1) Plastic bottles numbered 1, 2, 3, 4, 5, 7 and plastic bottles composed of HDPE (high
density polyethylene) and PET (polyethylene terephthalate) bottles.
(2) Clear, green, and brown unbroken glass bottles and jars (excluding mirrors, windows,
ceramics, or other glass products).
(3) Aluminum, tin and steel metal cans used for beverages, food, beer, and soft drinks
(excluding scrap metal, aerosol cans, foil, and utensils).
(4) Telephone directories, newspapers, catalogs, and magazines.
(5) Junk mail, cardboard and mixed household paper.
As recycling markets open up to additional recyclable materials, this list may be expanded based
on mutual agreement of the town and the contractor.
Recycling container. An 18-gallon container for use by residential customers for curbside
recyclable materials collection issued by the town’s approved franchise vendor.
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Refuse. All garbage, trash, rubbish, brush, and debris.
Refuse container. Any plastic bag, cardboard, metal or wooden box having no outside dimension
of more than four (4) feet or any portable, closed, waterproof, plastic container with a capacity or
volume of fifty (50) gallons or less; which is capable of containing refuse without leaking or
emitting odors, that does not allow items to be scattered, and which weighs, when loaded, less
than fifty (50) pounds per container and which is placed at curbside for removal. All refuse
placed within plastic containers shall first be placed in a plastic bag, cardboard, metal, or wood
box.
Rubbish. All residentially generated waste wood, wood products, grass cuttings, dead plants,
weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and
discarded mattresses, white goods, pulp, and other products such as are used for packaging or
wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances and any
and all other waste materials not included in the definition of bulky waste, construction debris,
garbage, refuse, or hazardous waste.
Trash. All refuse other than garbage, debris, brush, household furniture and appliances, including
but not limited to grass clippings, leaves, paper, and other household trash not included in the
definitions of bulky waste, debris, garbage, refuse, rubbish or hazardous waste.
(Ordinance 92-11, sec. II, adopted 5/19/92; Ordinance 2002-12, sec. II, adopted 3/4/02; 2006
Code, ch. 11, sec. 1.01; Ordinance 2012-17, secs. 2.01, 2.02, adopted 9/4/12)
Sec. 13.02.002 Duties of residential customers
It shall be the duty of each residential customer to place refuse and recyclable materials as
follows:
(1) Each residential customer shall place all refuse (in the case of brush, if the size
allows) and recyclable materials in appropriate refuse or recycling containers
sufficient in number so that the refuse/recyclable materials shall not become or
constitute a public nuisance.
(2) Refuse or recyclable materials shall not be placed at curbside prior to 7:00 p.m. on
the day before a pickup day.
(3) Recycling containers and/or other refuse containers must be removed from curbside
no later than 7:00 a.m. following a pickup day.
(4) All disabled residents shall be entitled to receive special pickup assistance; in order to
receive assistance, such resident shall notify the town’s approved franchise vendor of
his/her need.
(5) Refuse and all items included for residential collection shall be placed at curbside at
the resident’s street address in refuse containers and shall be placed and maintained
in such a manner as to prevent refuse from being scattered. Refuse placed inside of
an allowed cardboard, metal or wooden box, or plastic container shall be bagged in a
plastic bag, and no loose trash shall be placed in a cardboard, metal or wooden box,
or a plastic container.
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(6) Every resident shall notify the approved franchise vendor for the collection of bulky
waste, if such collection is needed. A fee may be assessed in accordance with the fee
schedule of the approved franchise vendor.
(7) No residential customer shall place for collection or disposal, or permit to be placed
for collection or disposal, any hazardous waste.
(8) Every residential customer is hereby required to monitor pickup of their own refuse
and recyclable materials. If, after having timely placed containers for collection, such
containers are not emptied and the contents removed as may be applicable within
twenty-four (24) hours of scheduled collection, the resident shall notify the town’s
approved franchise vendor and report the non-collection at their address.
(Ordinance 2002-12, sec. III, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.02; Ordinance 2012-17,
sec. 2.03, adopted 9/4/12)
Sec. 13.02.003 Residential collection of brush
Brush that is of such a nature that it cannot be placed in refuse container shall be cut in lengths
not to exceed four (4) feet and shall be trimmed, stacked, tied and placed at curbside to a height
of not more than three (3) feet and a weight not to exceed fifty (50) pounds per bundle. All brush
that is of such nature that it may be placed in a refuse container, including without limitation all
vines and thorny bushes, shall be placed in a plastic bag prior to placement in a refuse container,
and no loose brush shall be placed in a cardboard, metal or wooden box, or plastic container. A
resident may receive a special pick-up upon request made through the town’s approved franchise
vendor. A fee based upon quantity and volume may be assessed in accordance with the approved
vendor’s fee schedule in effect at the time. (Ordinance 2002-12, sec. IV, adopted 3/4/02; 2006
Code, ch. 11, sec. 1.03; Ordinance 2012-17, sec. 2.04, adopted 9/4/12)
Sec. 13.02.004 Residential collection schedule; charges for services; late fee
The collection and removal of refuse from premises used for residential purposes shall be made
two (2) times each week, with a two- or three-day interval between each collection. Recyclable
materials will be picked up one (1) time each week, on the designated day given by town’s
approved franchise vendor. The charges for such services shall be assessed as specified in the
town’s contract with the approved franchise vendor. Such charges are subject to increase or
decrease from time to time based upon the then-current terms of the agreement between the town
and the approved franchise vendor. All charges for services furnished or rendered pursuant to this
article shall be due and payable on the date indicated on the bill, and if not paid by the due date a
ten percent (10%) late fee will be added to the current amount and the total amount shall
immediately become due and owing. (Ordinance 2002-12, sec. V, adopted 3/4/02; 2006 Code, ch.
11, sec. 1.04)
Sec. 13.02.005 Disposal of residential hazardous waste materials
Residents with proper identification and proof of residency will have the ability to dispose of
hazardous waste materials semi-annually at a mobile collection unit located within the town or
weekly at the City of Ft. Worth’s environmental collection center in accordance with the
recycling program and the hazardous material recycling contract approved by the town. If the
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council fails to approve a budget for the collection of hazardous waste, the program shall be
discontinued. (Ordinance 2002-12, sec. VI, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.05)
Sec. 13.02.006 Removal of debris from construction, cleanup of property, etc.
Construction debris, as that term is defined herein, or other refuse resulting from preparation for
construction, construction, major remodeling, or general cleanup of property, or sizeable amounts
of refuse due to construction, construction preparation, remodel, or general cleanup of property,
will not be removed by the town as regular service. The property owner shall have such
construction debris removed at his/her expense. A property owner may request a pick-up from the
town’s approved franchise vendor for the removal of construction debris. A fee for such service
may be assessed in accordance with the approved vendor’s fee schedule in effect at the time.
(Ordinance 2002-12, sec. VII, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.06; Ordinance 2012-17,
sec. 2.05, adopted 9/4/12)
Sec. 13.02.007 Duties of nonresidential customers
It shall be the duty of the owner or person otherwise in charge of commercial, institutional or
industrial premises within the town to cause all refuse accumulated on such premises to be placed
in a commercial container(s). Commercial containers must be placed at a location on the premises
as designated by the town and in compliance with all applicable town codes. (Ordinance 2002-12,
sec. VIII, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.07)
Sec. 13.02.008 Collection from nonresidential customers; containers for multifamily
residential complexes
(a) Frequency of collection; charges. The collection and removal of refuse from houses and
other structures and premises used for commercial, institutional, or industrial purposes shall be
made not less than one (1) time each week. Collection charges shall be assessed in accordance
with the town’s approved franchise vendor’s fee schedule in effect at the time.
(b) Containers. Commercial, institutional, and industrial customers shall dispose of refuse by
means of commercial containers meeting town specifications. Additionally, multifamily
residential complexes may employ said commercial containers for refuse collection in the same
manner as commercial, institutional, and industrial customers.
(Ordinance 2002-12, sec. IX, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.08)
Sec. 13.02.009 Prohibited acts and conditions
(a) It shall be unlawful for any person to sweep, throw, or deposit any refuse, stagnant water,
or carrion into, upon, or along any public property or private property of another, except as may
be specifically provided by this article.
(b) It shall be unlawful for any person owning or otherwise in control of any premises within
the town to permit any of the conditions described in subsection (a) of this section to exist upon
property owned or controlled by them after having actual or constructive notice thereof.
(c) It shall be unlawful for any person to place in any container any material other than as
specifically provided in this article, including but not limited to hazardous waste.
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(d) It shall be unlawful for any person to deposit or maintain refuse except as provided for by
this article.
(e) It shall be unlawful for any person to deposit any ignited material in any container used for
the disposal of refuse.
(f) It shall be unlawful for a person to allow or cause the dumping of any construction debris
or other refuse, including without limitation that produced as a result of major remodeling or
general cleanup of property, at any location within the town.
(g) It shall be unlawful for any commercial institution or industrial customer to remove the
drain plug from any commercial container.
(h) It shall be unlawful for any person to cause damage to or permit excessive buildup of
material in containers.
(Ordinance 2002-12, sec. X, adopted 3/4/02; 2006 Code, ch. 11, sec. 1.09; Ordinance 2012-17,
sec. 2.06, adopted 9/4/12)
Secs. 13.02.010–13.02.040 Reserved
Division 2. Scavenging Refuse
Sec. 13.02.041 Definitions
Discarded materials. Recyclable items, reusable items, household trash, garbage, and/or debris as
defined in the town’s trash code. (Ordinance 2004-03, sec. II, adopted 1/19/04; 2006 Code, ch.
11, sec. 2.01)
Sec. 13.02.042 Penalty
It shall be unlawful for any person to violate any provision of this division, and any person
violating or failing to comply with any provision of this division shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues. (Ordinance 2004-03, sec. VIII, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.04)
Sec. 13.02.043 Prohibition
Except as specifically provided herein, no person, other than the current resident, current
occupant or current owner of the property on which discarded materials are placed for collection,
or a certified peace officer acting in his or her official capacity, shall open, remove, pick up,
search through, or transfer discarded materials directly from the curbside when such discarded
materials are contained within a closed plastic bag, box, garbage receptacle or any other closed or
sealed container left at curbside for collection and removal by a carrier authorized to remove
discarded materials within the town. (Ordinance 2004-03, sec. III, adopted 1/19/04; 2006 Code,
ch. 11, sec. 2.02)
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Sec. 13.02.044 Exceptions
(a) Authorized collectors. A carrier, including its agents, representatives, and employees,
authorized to remove discarded materials within the town may remove, pick up, or transfer
discarded materials directly from the curbside as authorized in such carrier’s contract or franchise
with the town. A carrier shall not open any sealed garbage receptacle except to the extent
necessary to remove the discarded material from the receptacle and place those materials directly
into his or her disposal machinery and in accordance with the carrier’s contract or franchise with
the town. A carrier shall not search through closed bags, boxes, or other trash receptacles.
(b) Other exceptions.
(1) Permission of resident. It shall be an exception to the prohibition contained in this
division that a person other than the current resident, occupant, or owner of the
property on which discarded materials are contained has the permission of such
current resident, occupant or owner of the property to remove or search through a
closed or sealed plastic bag, box, garbage receptacle or any other closed or sealed
container.
(2) Open or unsealed containers. It shall be an exception to the prohibition contained in
this division for a person other than the current resident, occupant, or owner of the
property to remove discarded materials which are not contained within a sealed
plastic bag, box, garbage receptacle or any other closed or sealed container.
(Ordinance 2004-03, sec. IV, adopted 1/19/04; 2006 Code, ch. 11, sec. 2.03)
ARTICLE 13.03 STORMWATER DRAINAGE UTILITY*
Division 1. Generally
Sec. 13.03.001 Definitions
When used in this division, the following terms shall have the respective meanings ascribed to
them:
Director. The town manager or his/her designee.
Drainage. Bridges, catchbasins, channels, conduits, creeks, culverts, detention ponds, ditches,
draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items,
whether natural or artificial, or using force or gravity, that are used to draw off surface water from
land, carry the water away, collect, store, or treat the water [or divert the water] into natural or
artificial watercourses.
Facilities. The property, real, personal, or mixed, that is used in providing drainage and included
in the system.
* State law reference–Municipal Drainage Utility Systems Act, V.T.C.A., Local Government Code, sec.
552.041 et seq.
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Service area. The boundaries of the town, Trophy Club Municipal Utility District No. 1,
Municipal Utility District No. 2 and any other land areas outside the municipal boundaries which,
as a result of topography or hydraulics, contribute overland flow into the watersheds served by
the drainage system of the town; provided, however, that to the extent applicable, such service
area does not extend further than the boundaries of the town’s extraterritorial jurisdiction nor does
the service area extend into the boundaries of any other municipality.
Stormwater drainage utility system, drainage system or system. The drainage owned or controlled
in whole or in part by the town, including the town’s existing drainage facilities, materials, and
supplies, and dedicated to the service of benefited property, including provisions for additions,
extensions, and improvements thereto and replacements thereof, excluding from the foregoing,
however, to the extent now or hereafter provided by law, facilities of any kind which are declared
by the town council, prior to the acquisition or construction thereof by the town, not to be a part
of the system and which are acquired or constructed by or on behalf of the town with the proceeds
from the issuance of special facilities bonds in a manner now or hereafter authorized by law.
(Ordinance 2003-19, sec. II, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.01)
Sec. 13.03.002 Penalty
It shall be unlawful for any person to violate any provision of this division, and any person
violating or failing to comply with any provision hereof shall be fined, upon conviction, in an
amount not more than two thousand dollars ($2,000.00), and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues. (Ordinance 2003-19, sec.
IX, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.05)
Sec. 13.03.003 Findings; system established; adoption of state law
The town council hereby declares that it finds each of the following to be true and correct
statements:
(1) The town finds that the adoption of Texas Local Government Code 552.041 et seq.,
as amended, entitled “Municipal Drainage Utility Systems Act” (hereinafter the
“Act”), serves the best interests of the public and hereby adopts the Act in its
entirety;
(2) The town finds and declares that the drainage system of the town shall be a public
utility, and, pursuant to the provisions of the Act, the town incorporates its existing
drainage facilities, materials, and supplies into the stormwater drainage system,
hereby declared to be a public utility;
(3) The town will establish a schedule of drainage charges against all real property in the
proposed service area subject to charges under the Act, and such charges shall be
levied upon passage of this division after satisfaction of all other procedural
requirements provided in the Act;
(4) The town will provide drainage for all real property in the proposed service area on
payment of drainage charges, except real property exempted by the Act;
(5) The town will offer drainage service on nondiscriminatory, reasonable and equitable
terms; and
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(6) The town will adopt and enforce rules related to the subject of municipal drainage
and as it considers appropriate to operate the stormwater drainage utility system by
the passage of appropriate ordinances, resolutions and rules.
(Ordinance 2003-19, sec. III, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.02)
Sec. 13.03.004 Designation of program responsibility
It shall be the duty of the director to administer the system. The director shall keep an accurate
record of all properties benefited or served by the services and facilities of the system and make
changes in accordance with the rates and fees adopted by the town. (Ordinance 2003-19, sec. IV,
adopted 10/20/03; 2006 Code, ch. 11, sec. 4.03)
Sec. 13.03.005 Exemptions
The following shall be exempt from the provisions of all rules, resolutions, this division and any
other codes adopted by the town pursuant to the Act:
(1) Property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
(2) Property held and maintained in its natural state, until such time that the property is
developed and all of the public infrastructure constructed has been accepted by the
town for maintenance;
(3) A subdivided lot, until a structure has been built on the lot and a certificate of
occupancy or the equivalent for residential properties has been issued by the town.
(Ordinance 2003-19, sec. V, adopted 10/20/03; 2006 Code, ch. 11, sec. 4.04)
Secs. 13.03.006–13.03.030 Reserved
Division 2. Fees
Sec. 13.03.031 Definitions
When used in this division, the following terms shall have the respective meanings ascribed to
them:
Act or the Act. Subchapter C of chapter 552 of the Texas Local Government Code, the Municipal
Drainage Utility Systems Act, as amended.
Benefitted property. An improved parcel or tract to which drainage service is made available by
the town under this division.
Director. The town manager or his/her designee.
Drainage. Bridges, catchbasins, channels, conduits, creeks, culverts, detention ponds, ditches,
draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items,
whether natural or artificial, or using force or gravity, that are used to draw off surface water from
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land, carry the water away, collect, store, or treat the water or divert the water into natural or
artificial watercourses.
Drainage charge. The levy imposed to recover the cost of the service of the town in furnishing
drainage for any benefitted property and including an amount made in contribution to funding of
future drainage system construction by the town.
Facilities. The property, real, personal, or mixed, that is used in providing drainage and included
in the system.
Impervious area or impervious surface. A surface that has been compacted or covered with a
layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but
are not limited to, compacted soils, buildings, parking lots, and private ingress/egress roadways.
Improved, improved parcel, or improved lot or tract. A lot or tract that has a structure or other
improvement on it that causes an impervious coverage of the soil under the structure or
improvement.
Parcel. One or more lots or portions of lots that are contiguous and under single ownership.
Service area. The corporate boundaries of the town, Trophy Club Municipal Utility District
No. 1, and any other land areas outside the municipal boundaries which, as a result of topography
or hydraulics, contribute overland flow into the watersheds served by the drainage system of the
town; provided, however, that to the extent applicable, such service area does not extend further
than the boundaries of the town’s extraterritorial jurisdiction nor does the service area extend into
the boundaries of any other municipality.
Stormwater drainage revenue bonds. Obligations issued to finance the costs of facilities payable
and secured by a lien on and pledge of fees.
Stormwater drainage utility fee or fee. The drainage charge, including any interest and penalties,
paid by a benefitted or served property for stormwater drainage services provided by the system,
including, but not limited to, the items described as “cost of service” in the Act, as amended.
Stormwater drainage utility system, drainage system or system. The drainage owned or controlled
in whole or in part by the town, including the town’s existing drainage facilities, materials, and
supplies, and dedicated to the service of benefitted property, including provisions for additions,
extensions, and improvements thereto and replacements thereof, excluding from the foregoing,
however, to the extent now or hereafter provided by law, facilities of any kind which are declared
by the town council, prior to the acquisition or construction thereof by the town, not to be a part
of the system and which are acquired or constructed by or on behalf of the town with the proceeds
from the issuance of special facilities bonds in a manner now or hereafter authorized by law.
Wholly sufficient and privately owned drainage system. Land owned and operated by a person
other than a municipal drainage utility system, the drainage of which does not discharge into a
creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system.
(Ordinance 2003-30, sec. II, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.01; Ordinance 2012-01,
sec. 2 (5.01), adopted 1/23/12)
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Sec. 13.03.032 Findings and determinations
It is hereby found, determined and declared that the stormwater utility drainage fees adopted
hereunder and the basis for those fees are directly related to drainage and that the terms of the
levy hereunder and the classification of the benefitted properties are nondiscriminatory,
reasonable, and equitable for similar services of the service area property in the town, and that the
town shall provide drainage for all real property in the service area upon payment of fees, except
real property exempted hereunder. Further, it is hereby found that the town council has based its
calculations for the levy on an inventory of the lots and tracts within the service area, and that, as
allowed by the Act, the town council may consider the land use made of the benefitted property
and the size, in area, the number of water meters, and topography of a parcel of benefitted
property, in assessing the drainage charge to the property. (Ordinance 2003-30, sec. III, adopted
12/1/03; 2006 Code, ch. 11, sec. 5.02; Ordinance 2012-01, sec. 2 (5.02), adopted 1/23/12)
Sec. 13.03.033 Fee schedule
(a) For purposes of imposing the fees, all parcel(s) within the town are classified as residential,
multifamily, duplexes, or nonresidential. The fee for residential properties shall be as set forth in
the fee schedule in appendix A to this code. The fee for multifamily, duplexes, or nonresidential
shall be based on a rate as established in the fee schedule in appendix A to this code per
equivalent residential unit (ERU). Each ERU equals 3,500 square feet of impervious area. The fee
shall be calculated based on the total square footage of impervious area for each nonresidential
parcel. The minimum monthly fee for nonexempt properties shall be one (1) ERU. Monthly fees
shall be in the amount established by the fee schedule in appendix A to this code.
(b) The director shall be responsible for determining impervious area based on data obtained
from the Denton or Tarrant County Appraisal District. If such information is unavailable from the
appraisal district files, the property owner, tenant or developer may submit a certified survey
and/or a foundation survey to assist the director in determining impervious area. The director may
require additional information as necessary to make the determination. The amount of any fee
may be revised by the director based on any additions to the impervious area as approved through
the building permit process or as shown from the records of the Denton or Tarrant County
Appraisal District.
(c) The town council may review the foregoing schedule of fees at any time and may, by
ordinance, increase or decrease such fees within the schedule upon a determination that such
increase or decrease is warranted.
(d) The town council hereby finds and determines that the fees have been established in
accordance with the provisions of the Act.
(Ordinance 2003-30, sec. IV, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.03; Ordinance 2012-01,
sec. 2 (5.03), adopted 1/23/12; Ordinance adopting Code)
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Sec. 13.03.034 Billing, payment and penalties
The town is hereby authorized to bill the fees incurred as a result of the adoption of the Act and
establishment of the stormwater utility drainage system thereunder with its other public utility
billings.
(1) The town shall render bills or statements for fees monthly for service for the
upcoming month for all properties subject to the fee.
(2) Bills shall be payable when rendered and shall be considered as received by the
customer and/or owner, whether actually received or not, when deposited in the
United States mail, postage prepaid, addressed to the customer of town utility
billings.
(3) Fees shall be billed with the town’s other public utility billings and shall be identified
separately on the utility billing as a stormwater drainage fee and shall be consistent
with the Act.
(4) Delinquent fees are subject to the same penalties and methods of collection as other
utility charges of the town and shall be collected in a manner consistent with the Act,
including without limitation the discontinuance of any utility services provided by the
town. The town shall have access, at all reasonable times, to any benefitted properties
served by the system for inspection or repair or for the enforcement of this division or
the Act.
(5) Unless a parcel or tract is exempted from the applicability of this division or the
public stormwater drainage utility ordinance, no person shall use the drainage system
for such parcel or tract unless such person pays the full established drainage charge.
(Ordinance 2003-30, sec. V, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.04; Ordinance 2012-01,
sec. 2 (5.04), adopted 1/23/12)
Sec. 13.03.035 Adjustment of fees
(a) Requests for adjustment of a fee shall be submitted through the director, who shall be given
authority to administer the procedures and standards and review criteria for the adjustment of fees
as established herein. All requests shall be evaluated based upon the amount of impervious area
and vegetated area on the site and total parcel area. No credit of fees shall be given for the
installation of facilities required by town development codes or Texas Water Code requirements.
The following procedures shall apply to all requests for adjustment of the fees:
(1) Any owner or customer who has paid fees and who believes the calculation or
determination of the fees to be incorrect may, subject to the restrictions set forth in
this division, submit an adjustment request to the director.
(2) Requests for adjustment of fees paid by an owner or customer making the request
shall be in writing and set forth, in detail, the grounds upon which relief is sought.
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(3) The director shall review adjustment requests made during the first fiscal year that
the fees were imposed within a four (4) month period from the date of receipt of the
adjustment request. Adjustments resulting from such request shall be retroactive to
the beginning of billings but shall not exceed one (1) year.
(4) Adjustment requests made after the first fiscal year that the fees were imposed shall
be reviewed by the director within thirty (30) days from the date of receipt of an
adjustment request. Adjustments resulting from such a request shall be prospective
but may be made retroactive for no greater time period than three (3) months prior to
the receipt of the request, at the discretion of the director.
(5) The owner or customer requesting an adjustment may be required, at the requesting
party’s own cost, to provide supplemental information to the director, including, but
not limited to, survey data approved by a state registered professional land surveyor
(RPLS), or engineering approved by a state registered professional engineer (PE), or
reports. Failure to provide requested information may result in the denial of the
adjustment request.
(6) Adjustments to the fees shall be made upon the granting of the adjustment request, in
writing, by the director. In making a determination to grant an adjustment request, the
director shall consider the potential for any adverse impact to the holders of any
outstanding stormwater drainage revenue bonds. Denials to an adjustment request
shall be made in writing by the director.
(b) Upon receipt of the written denial of the adjustment request, the owner or customer who
initially requested the adjustment may, within 30 days of receipt of such denial, apply to the
director for review of the denial.
(1) The director shall complete this review within sixty (60) days of receipt of such
request for review. The director’s determination on the review shall be in writing and
set forth, in detail, the reasons for the decision.
(2) In reviewing denial of adjustment requests, the director shall apply the standards and
review criteria contained in this section.
(3) All findings and determinations made by the director arising out of this section shall
be final.
(c) Those improved nonresidential properties (including apartments) that practice stormwater
management are eligible to receive a credit on their monthly billings. The application for such
credit shall follow the procedures for appeal as set forth in subsection (b) above. The credit shall
only be for the impervious area that receives the benefit of the stormwater management.
(1) That area which drains into an approved detention basin shall be eligible for up to a
fifteen (15) percent reduction.
(2) That area which drains into an approved retention basin shall be eligible for up to a
thirty-five (35) [percent] reduction.
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(3) The credit methodology shall be an administrative policy as established by written
report maintained in the community development department of the town.
(Ordinance 2003-30, sec. VI, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.05; Ordinance 2012-01,
sec. 2 (5.05), adopted 1/23/12)
Sec. 13.03.036 Stormwater drainage utility fund
(a) There is hereby established a stormwater drainage utility fund, which may consist of one or
more accounts. All fees shall be deposited as collected and received into this fund and shall be
used exclusively for the drainage services as stated in the Act, which includes but is not limited to
the following:
(1) Operation and maintenance of the system.
(2) Funding of pollution abatement and peak flow attenuation devices constructed on
stormwater systems discharging to the surface water of the town.
(3) Administrative costs associated with the management of the system.
(4) Payment of the debt service requirements on any outstanding stormwater drainage
revenue bonds, including any fees and expenses incidental thereto.
(5) Engineering consultant fees.
(6) Consultant studies necessary for preparation of the stormwater management plan.
(b) The income derived from the operation of the system shall be segregated and completely
identifiable from other town accounts. Fees utilized solely for the cost of service, exclusive of any
sums pledged to retire any outstanding indebtedness or obligation incurred, or any sum
attributable to the funding of future improvement to the system, may be transferred to the town
general fund.
(Ordinance 2003-30, sec. VII, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.06; Ordinance 2012-01,
sec. 2 (5.06), adopted 1/23/12)
Sec. 13.03.037 Exemptions
The following shall be exempt from the provisions of this division or any other resolution, rules,
or ordinances adopted by the town pursuant to the public stormwater drainage utility ordinance or
this division:
(1) Property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
(2) Property held and maintained in its natural state, until such time that the property
becomes developed property and all of the public infrastructure constructed has been
accepted by the town for maintenance;
(3) A subdivided lot, until a structure has been built on the lot and a certificate of
occupancy or the equivalent for residential properties has been issued by the town;
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(4) A municipality.
(Ordinance 2003-30, sec. VIII, adopted 12/1/03; 2006 Code, ch. 11, sec. 5.07; Ordinance 2012-
01, sec. 2 (5.07), adopted 1/23/12)
ARTICLE 13.04 MANAGEMENT OF PUBLIC RIGHT-OF-WAY USED BY
UTILITY PROVIDERS*
Sec. 13.04.001 Definitions
Whenever used in this article, the following words and terms shall have the definitions and
meanings provided in this section:
Construction. Any of the following activities performed by a person within a public right-of-way:
(1) Installation, excavation, laying, placement, repair, upgrade, maintenance, or
relocation of facilities or other improvements, whether temporary or permanent;
(2) Modification or alteration to any surface, subsurface, or aerial space within the public
right-of-way, installation of facilities, boring or jacking of utilities; or
(3) Performance, restoration, or repair of pavement cuts or excavations.
Contractor. A person or company hired or retained to do construction for a utility service
provider. The contractor includes all subcontractors, employees, agents, and hired labor.
Director. The director of public works for the town, or that person’s designee.
Duct or conduit. A single enclosed raceway for cables, fiber optics, or other wires.
Emergency. Any event which may threaten public health or safety, including, but not limited to,
damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm
drain conduit systems, damaged underground electrical and communications facilities, or downed
overhead pole structures.
Excavate or excavation. Digging into or in any way removing or penetrating any part of a right-
of-way.
Facilities. All provider duct spaces, manholes, conduits, pipes, underground and overhead
passageways, and other equipment, structures and appurtenances and transmission media which
are located in the right-of-way or utility easements.
Permit. A document issued by the town or an internal work order issued by a municipal utility
district located within the town which authorizes the performance of work under this article.
* State law reference–Use of municipal streets and sidewalks for public conveniences and amenities or for
private uses, V.T.C.A., Transportation Code, ch. 316.
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Person. A natural person, a corporation, a public service provider, a governmental entity or
agency, a limited liability company, a joint venture, a business trust, an estate, a trust, a
partnership, an association or any other legal entity regardless of its structure.
Public right-of-way or right-of-way. The area on, below or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which the town has an interest. The
term does not include the airwaves above a right-of-way with regard to wireless
telecommunications.
Transmission media. All provider cables, fibers, wires, fixed radios or other physical devices used
to transmit and/or receive communication signals, whether analog, digital or of other
characteristics, and whether for voice, video, or data or other purposes, which are physically
located in the right-of-way.
Utility easement. A grant of one or more property rights by the property owner to and/or for use
by the public, a corporation, or another person or entity for installing and maintaining utility
services or facilities across, over or under land, together with the right to enter thereon with
machinery and other vehicles necessary for the maintenance of utility services or other facilities.
Utility service provider or provider. Any privately or publicly owned entity which uses right-of-
way to furnish to the public any general public service, including, but not limited to, sewer, gas,
electricity, water, telecommunications, cable, or telegraph, or any person or entity seeking to
place facilities on, in or over the right-of-way. When used in this article, the term shall include all
persons, contractors, subcontractors, officers, directors, partners, managers, superintendents, or
other authorized persons exercising control over or on behalf of the provider, including a person
who requests and/or obtains a permit on behalf of or at the direction of a provider.
Work print. A diagram showing all work to be performed by the provider including all
landscaping and restoration work required by town codes, and providing all information
reasonably required by the director so that the provider’s application or request may be evaluated.
(Ordinance 2001-13, sec. I adopted 6/4/01; 2006 Code, ch. 11, sec. 3.01)
Sec. 13.04.002 Penalty
(a) Any provider violating or failing to comply with any provision of this article shall be fined,
upon conviction, in an amount not more than two thousand dollars ($2,000.00), and separate
offenses shall be deemed committed each day during or on which a violation occurs or continues.
(b) The penalty provisions set forth in this section shall be in addition to, and not in limitation
of, any other rights and remedies provided by law or in equity.
(Ordinance 2001-13, sec. XII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.12)
Sec. 13.04.003 Provider registration; permit for placement of facilities
(a) Obligation to obtain permit. Nothing in this section shall relieve a provider from its
obligation to obtain a permit as required by this article.
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(b) Registration required; expiration and renewal. In order to protect the public health, safety,
and welfare, a provider maintaining or operating existing facilities in the public right-of-way must
register with the director in accordance with the following requirements:
(1) The registration must be on a form furnished by the director and made in the name of
the provider that owns the facilities. Providers shall register no later than sixty (60)
days after the effective date of this article; thereafter, providers shall register as
required by subsection (b)(2) of this section.
(2) Registration expires January 31 of every other year after the calendar year in which
the provider first registers. If registration is not renewed by the expiration date, the
director shall furnish written notice to the provider that the registration has expired. If
the provider fails to renew its registration within thirty (30) calendar days after the
director provides notice of the expiration, the facilities of the provider shall be
deemed to have been legally abandoned.
(c) Notice of change in registration information. If information provided as part of the
registration process changes, the provider shall inform the director in writing not more than thirty
(30) days after the date the change occurs.
(d) Required information with registration. The provider shall also include the following
information with its registration:
(1) The name of the provider using the public right-of-way, including any business
name, assumed name, or trade name the provider operates under or has operated
under within the past five (5) years.
(2) If the provider is a certificated telecommunications provider, the certificate number
issued by the state public utility commission.
(3) The ordinance number of any franchise or license issued by the town that authorizes
the provider to use the public right-of-way.
(4) The names, addresses, and telephone numbers of at least two persons who will be
general, day-to-day contacts for the provider. At least one of the addresses must be
within the Dallas/Fort Worth metropolitan area.
(5) The name and mailing address of the officer or agent designated as the person
authorized to receive service of process on behalf of the provider.
(6) The name, address, and telephone number of any contractor or subcontractor, if
known, who will be working in the right-of-way on behalf of the provider.
(7) The names and telephone numbers of at least two persons serving as emergency
contacts who can be reached by telephone twenty-four (24) hours a day, seven (7)
days a week. The telephone number shall be accessible without the town having to
pay a long distance telephone or toll charge.
(8) Proof of existing insurance coverage that complies with the requirements of section
13.04.012 of this code.
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(e) Permit required for placement of facilities. A provider seeking to place or seeking to cause
the placement of facilities on, in or over the public right-of-way shall first file an application for a
construction permit as required by this article and, where applicable, shall pay the appropriate fee
as identified in the town’s fee schedule. The town’s fee schedule, as amended, is incorporated
herein by reference.
(1) The provider shall obtain any and all permits required by the town and pay all
applicable fees before beginning construction, unless such construction work is
specifically exempted from the permit requirement under subsection (f) of this
section. The failure of the provider to obtain a permit prior to beginning construction
in the right-of-way or to abide by the terms and provisions of that permit or this
article will subject the provider to a stop work order from the town and enforcement
action pursuant to this and all other applicable town codes.
(2) Permits shall be issued in the name of the provider that owns the facilities.
(3) No provider or contractor shall perform or cause to be performed construction in an
area larger or at a location different, or for a longer period of time, than that specified
in the permit. If, after the commencement of construction under an approved permit,
it becomes necessary to perform construction for a longer duration or in a larger or
different area than originally authorized by the permit, the provider or contractor
shall notify the town immediately and shall within one (1) business day file a
supplemental application for the additional construction needed.
(4) The provider may contract the construction work to be performed under a permit
issued pursuant to this article. The provider shall be and remain responsible for the
performance of the construction work under the permit and all insurance and
financial security as required by this article.
(5) If the provider fails to act upon any permit within forty-five (45) calendar days of
issuance, the permit shall become invalid and the provider will be required to obtain
another permit.
(6) At the time that a permit application is filed, the provider shall supply to the town, at
the provider’s expense, all documentation and data, including but not limited to
landscaping plans, maps, construction schedules and equipment location drawings,
necessary to ensure compliance with the terms of this article, other town codes, rules,
and regulations, or other applicable provisions of law.
(7) Providers shall submit to the director “as built” plans within ninety (90) days of
completion of construction of facilities.
(f) Construction exempt from permit requirement. A permit shall not be required prior to the
commencement of construction if one or more of the following conditions exist:
(1) Construction work performed in the event of an emergency, as defined herein;
(2) The construction work performed is limited to the installation of facilities necessary
only to initiate service to a customer’s property;
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(3) Construction work performed pursuant to a valid franchise agreement with the town
which specifically exempts such work from the requirement to obtain a permit. The
provider shall also be exempt from the payment of associated permit fees if exempt
from that fee by the terms of a valid franchise agreement or by applicable law.
(g) Refusal to issue permit. The director may refuse to issue a permit if:
(1) The proposed construction will substantially interfere with vehicles or pedestrians
and no procedures, or procedures inconsistent with this article, have been
implemented to minimize the interference;
(2) The proposed construction will substantially interfere with another activity for which
a permit has been issued, or will conflict or interfere with existing facilities along the
right-of-way;
(3) The proposed barricading, signage, warning, or other traffic-control procedures or
equipment do not comply with the Texas Manual on Uniform Traffic Control
Devices, as amended;
(4) The proposed construction, incidental traffic control, or other permitted activity, or
the manner in which it is to be performed, will violate a town code or regulation or a
state or federal law or regulation; or
(5) The provider:
(A) Failed to furnish all the information required by this article;
(B) Knowingly or intentionally furnished materially false or incorrect information
to the director;
(C) Failed, except for good cause shown, to file the application on the approved
form within the time limits prescribed by this article;
(D) Failed or refused to submit work plans or plans of record as required by this
article;
(E) Was convicted of violating a provision of this article twice within the two-year
period immediately preceding the date of application;
(F) Failed to furnish or have on file with the director the insurance required under
this article; or
(G) Is not in compliance with applicable requirements of an existing permit issued
under this article.
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(h) Suspension or revocation of permit.
(1) The director may suspend construction or revoke an issued permit based upon the
same grounds for which a permit may be denied under subsection (g) of this section,
or if the provider:
(A) Commences or performs construction in violation of an applicable requirement
of this article or the permit;
(B) Creates or is reasonably likely to create a public health or safety hazard by
performance of the construction in question;
(C) Fails to comply with a order or regulation of the director; or
(D) Fails to comply with restrictions or requirements of other town codes or state
or federal laws or regulations applicable to the construction.
(2) In the event that the director suspends construction at a site, or refuses to issue,
suspends, or revokes a permit, the director shall provide written notice to the provider
stating the basis upon which such action has been taken. Construction that is
suspended may not resume until the director determines that the provider has
corrected the violation, noncompliance, or hazard that caused the suspension.
(3) A permit that has been revoked may be reinstated by the director if the director
determines that:
(A) The provider has corrected the violation, noncompliance, or hazard that caused
the revocation; and
(B) The health or safety of the public is not jeopardized by reinstating the permit or
construction.
(i) Variances. Any variance from the requirements of this article must be approved in writing
by the director prior to the commencement of the activity for which the variance is requested. The
director may grant a variance only if an extreme hardship exists and the public health, safety,
welfare, and convenience is not adversely affected by granting the variance. The director may not
approve a variance that would give a competitive advantage to one provider over another provider
providing the same or similar service. The director may not grant a variance from the indemnity,
insurance or bonding requirements of this article, except as specifically provided.
(j) Appeals. The appeal process shall be as follows:
(1) Appeals may be filed pursuant to this article for decisions of the director, including
but not limited to decisions to suspend or refuse to allow construction work and/or
decisions to deny, suspend, or revoke a permit. However, the appeal process provided
by this article shall not be available for criminal violations of this article.
(2) A provider may appeal decisions made by the director pursuant to this article by
filing a written appeal with the town manager within five (5) working days of receipt
of the stop work order, or the denial, suspension, or revocation of the permit, or other
decision of the director. An appeal filed pursuant to this article shall specifically state
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the basis for the aggrieved party’s challenge to the director’s decision under this
article.
(3) Decisions of the town manager shall be issued within three (3) working days of
receipt of the written appeal. Decisions of the town manager shall be final. The town
manager shall notify the town council of any appeal decisions.
(k) Notice requirements.
(1) In the event that an emergency requiring construction must be performed, the
provider shall notify the town in writing within two (2) business days after the
emergency-related construction response, including a detailed description of the work
performed. An updated map of any facilities that were relocated, altered, added or
repaired shall be provided within thirty (30) days of the date upon which the
emergency occurs. Notwithstanding the foregoing, the provider shall immediately
contact 9-1-1 upon the occurrence of an emergency and notify the appropriate
agencies of the nature of the emergency.
(2) For all other construction work specifically exempted from the permit requirement by
subsection (f) of this section, the provider shall submit to the town a monthly report
identifying the location of the construction work, stating whether the work was
performed by the provider or a third party on behalf of the provider, and stating the
basis for the permit exemption claimed. The report required by this subsection shall
be submitted within five (5) business days following the end of the month during
which the construction work was performed. Providers failing to comply with the
reporting requirements of this section shall be subject to the penalties specified in
section 13.04.002 of this article.
(3) For all construction for which a permit is required, the provider shall give the town
written notice at least five (5) business days prior to the commencement of
construction. Such notice shall identify the location and nature of the construction
work. Alternatively, the provider shall obtain a permit five (5) business days prior to
the commencement of such construction. A properly completed permit application
filed within five (5) business days prior to commencement of construction shall serve
as notice to the town for purposes of this subsection. The director may approve the
commencement of construction at any time after issuance of a permit.
(4) At least five (5) business days prior to the beginning of each month, the provider
shall give the town a monthly schedule of planned construction work to be performed
during the month. Such schedule shall state whether a third party or the provider’s
personnel will be used for construction and/or maintenance, shall specify the location
of the proposed construction work, shall specify the approximate amount of time
needed for completion of the proposed construction work, and shall identify all
potential traffic or street disturbances related to or arising out of such construction. A
permit shall be required for all construction work identified on the monthly schedule
unless such work is exempt pursuant to subsection (f) of this section. The provider
shall notify the town of all changes to or modification of information provided in the
monthly schedule required by this section within five (5) business days of such
change or modification. The provider shall notify the town within twenty-four (24)
hours of completion of construction or abandonment of a construction project for
which a permit is required under this article.
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(5) Private property owners shall be notified via a door hanger or other paper document
securely attached to the front door of their residence if a provider has or will access a
dedicated utility easement for the purpose of performing work. Such notice shall state
the name and address of the provider performing or causing the work to be
performed, the name of the employee or agent leaving the notice, and the name and
telephone number of a contact person who is able to respond to inquiries. The person
listed as the point of contact shall be accessible during normal business hours. The
notice shall also state whether the work has been completed. If the work has not been
completed, the notice shall identify a time frame for completion of the work.
(Ordinance 2001-13, sec. II, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.02)
Sec. 13.04.004 Use of right-of-way
(a) Undue burden on right-of-way. A provider shall not erect, install, construct, repair, replace
or maintain its facilities in such a fashion as to unduly burden the present or future use of the
right-of-way. If the town in its reasonable judgment determines that any portion of the facilities is
an undue burden, the provider, at its expense, shall modify its facilities or take such other action
as the town may determine is in the public interest to remove or alleviate the burden, and the
provider shall do so within thirty (30) days of written notice by town.
(b) Relocation of facilities. The provider shall, at its expense, protect, support, disconnect,
relocate or remove from the right-of-way any portion of its facilities when reasonably required to
do so by the town due to street or other public excavation, construction, repair, grading, re-
grading, traffic conditions, the installation of sewers, drains, water pipes, power or signal lines,
track ways or tracks; the construction or repair of municipally owned facilities; the vacation,
construction or relocation of streets or any other type of structure; or other improvements by the
town or another public agency which are reasonably necessary for the protection of the public
health, safety or welfare. The town shall give the provider at least one hundred and twenty (120)
days’ prior written notice of a request under this subsection. Additionally, if the town’s request
for removal or relocation of facilities is made in order to allow the widening or straightening of a
street, the town shall specify the new location for the facilities along the right-of-way of the street
before the provider is required to relocate such facilities. The town may temporarily disconnect,
remove or relocate any of the provider’s facilities which have not been disconnected, removed or
relocated within the one hundred and twenty (120) day period following the town’s written notice
of a request under this subsection, and the provider shall reimburse the town all direct and
indirect costs, including a reasonable administrative fee. The obligation of a provider to pay the
costs incurred as a result of this subsection shall be based upon the provider’s payment obligation
under applicable state or federal law. If a provider seeks to claim an exemption from the payment
of costs incurred under this subsection, the provider shall notify the town of the statutory basis for
the exemption claimed and request an exemption from such costs. The town shall grant such
exemption as required by applicable state or federal law.
(c) Emergency repair of hazardous situation. If the director determines during construction that
an emergency repair to a right-of-way is necessary to correct a situation that is hazardous to the
public, the director shall immediately notify the provider. If the provider does not commence the
emergency repair within the time required by the director, the director may, in his sole discretion,
perform or cause the performance of such repair work as is necessary to correct the hazardous
situation. If however, the director is unable to notify the provider or is unable to determine the
identity of the provider, then, in his sole discretion, the director may take all actions necessary to
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disconnect, remove or relocate any and all facilities of the provider in order to respond to the
emergency. The town shall notify the provider within two (2) business days after the occurrence
of such emergency event. Neither the town nor any agent, contractor or employee thereof shall be
liable to the provider, its customers or third parties for any damages caused them or the facilities
due to any activities described in this subsection. The provider shall reimburse the town for all
direct and indirect costs of performing work under this section. The obligation of a provider to
pay the costs incurred as a result of this subsection shall be based upon the provider’s payment
obligation under applicable state or federal law. If the provider seeks to claim an exemption from
the payment of costs incurred under this subsection, the provider shall notify the town of the
statutory basis for the exemption claimed and request an exemption from such costs. The town
shall grant such exemption as required by applicable state or federal law.
(d) Minimum interference. The facilities shall be erected and maintained by the provider to
cause minimum interference with the use of the right-of-way and with the rights or reasonable
convenience of property owners. Construction work on private property shall not cause or create
a hazardous condition to exist on the right-of-way.
(e) Duties of provider. To the extent allowed by applicable state and federal law, this article
authorizes the construction of facilities in the right-of-way which have been dedicated for
compatible uses, subject to the requirements in the balance of this section and of this article. In
using all right-of-way, the provider shall comply with all federal, state, and local laws, including
all town codes. Without limitation, the provider shall ensure that:
(1) The safety, functioning and appearance of the right-of-way, and the convenience and
the safety of other persons, shall not be adversely affected by the installation or
construction of facilities necessary for normal operations.
(2) Any portions of the right-of-way that are in any way disturbed by the construction or
repair of facilities shall be restored and maintained to as good or better condition than
existed previously. The provider’s maintenance obligation shall continue for two
years after completion of such work.
(3) The cost of the installation, construction, operation, or removal of such facilities shall
be borne by the provider as required by state law.
(4) Notice has been given prior to the commencement of construction in accordance with
this article. Such notice shall be given by either the provider, its contractor, or an
authorized agent of either entity. The notice shall include the name, address and
phone number of the contractor who will actually perform the construction work,
including the name and telephone number of an individual who will be available
twenty-four hours a day, seven days a week, until the construction is completed. The
provider shall be deemed to be in compliance with this requirement when either a
properly completed permit application is filed within five (5) business days prior to
the commencement of construction or five (5) business days’ notice is given as
required by section 13.04.003(k)(3) of this article.
(5) A three-foot by three-foot (3' x 3') information sign stating the identity of the
contractor performing the construction work, telephone number, and provider’s
identity and telephone number shall be placed at the location where construction is to
occur at least twenty-four (24) hours prior to the beginning of work and shall
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continue to be posted at the location until the construction work and all restoration as
required by this article is completed.
(6) All persons engaged in construction in the right-of-way shall display on their persons
and vehicles the identity of the entity by which they are employed. Additionally, the
provider shall identify temporarily during the course of construction its facilities and
drops (by color code, stamping, engraving, tags, stickers, or other appropriate method
selected by the provider) so as to distinguish the provider’s equipment from that of
all other utility service providers in the town.
(7) Required above-ground infrastructures shall be placed at the junction of the side yard
and back yard utility easement.
(f) Easement acquisition. Any easements over or under private property necessary for the
construction or operation of the facilities shall be arranged by the provider. Any utility easements
over or under property owned by the town other than the right-of-way shall be separately
negotiated with the town, except that the provider may use general utility easements that are
dedicated for compatible uses on property owned by the town. Unless specifically exempted by
the terms of this article, the provider shall obtain a permit prior to the commencement of
construction or use of any right-of-way.
(g) Utility crowding. Due to the potential for overcrowding in the town’s right-of-way, the
town encourages all providers to install conduits that may be over-sized, duplicated, or placed in
multiple configurations and also encourages providers to share the use of their respective
underground conduits and multiple configurations at such locations. The town reserves its right to
impose a reasonable limitation on the number of such providers that have access to its property
based upon a demonstrated space constraint requiring such limitation.
(h) Removal of obsolete facilities; cooperation. When the provider opens a trench, accesses a
conduit or boring, or is working on aerial locations, it shall remove and dispose of its unusable
and inactive facilities (excluding those held for future use) from such locations. When the
provider receives notification from the town or another provider that a provider will be opening a
trench or access to borings, the provider receiving such notice shall remove all of its obsolete
facilities from such location while it is open.
(i) Underground facilities. The town requires that the provider place their lines underground.
The provider shall place its wires in such area underground without charge, expense or liability to
the town. The provider may apply with the town for a waiver from this requirement in accordance
with section 13.04.003(j) of this article. This shall not affect elevated water storage tanks and
related infrastructure nor those wires that were in place and in compliance with town codes prior
to the date of the passage of this article.
(j) Poles. The provider shall not erect any utility poles without first obtaining a permit from
the town in accordance with applicable town codes.
(k) Abandonment of right-of-way. If a right-of-way where the provider has facilities is
abandoned, eliminated, discontinued or closed, the provider shall be notified of same and all
rights of the provider under this article to use same shall terminate. The town shall give the
provider notice of such action as required by law, and the provider shall immediately remove its
facilities from such street or right-of-way unless the provider obtains any necessary easements
from the affected property owners to use the former street or right-of-way or a court orders the
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provision of such easements. Where reasonably possible and to the extent consistent with the
treatment of other similar utility facilities located in the right-of-way, the town shall reserve
easements for the provider to continue to use the former right-of-way. The provider shall bear the
cost of any removal or relocation of its facilities unless the abandonment is primarily for the
benefit of a private party, in which case the private party shall bear such costs. Thirty (30) days’
notice of any proposed abandonment proceedings involving its facilities shall be given by
publication in the official newspaper of the town.
(l) Abandonment of facilities by provider. Any provider that intends to discontinue use of any
facilities within the right-of-way shall notify the director in writing of the intent to discontinue
use. Such notice shall describe the facilities for which the use is to be discontinued, a date of
discontinuance of use, which date shall not be less than thirty (30) days from the date such notice
is submitted to the director, and the method of removal and restoration. The provider may not
remove, destroy, or permanently disable any such facilities during such thirty (30) day period
without the written approval of the director. After thirty (30) days from the date of such notice,
the provider or contractor shall remove and dispose of such facilities as set forth in the notice, as
the same may be modified by the director, and shall complete such removal and disposal within
six months, unless additional time is requested from and approved by the director.
(m) Location and route of conduits, pipes and cables. The location and route of all conduits,
pipes, cables and any other infrastructure to be placed and constructed by the provider in the
construction and maintenance of facilities in the town, and the location of all conduits to be laid
by the provider within the limits of the town under this article, shall be subject to the reasonable
and proper regulation, control and direction of the town council, of the director or of any town
official to whom such duties have been or may be delegated.
(Ordinance 2001-13, sec. III, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.03)
Sec. 13.04.005 Construction, maintenance and repair of facilities
(a) Construction generally. All construction must be done in a good and workmanlike manner
and in faithful and strict compliance with the permit, this and other applicable town codes, and
regulations promulgated by the director relating to construction within the right-of-way.
(b) Minimum standards. The provider shall meet or exceed all requirements set out in this
article and those set out in other applicable town codes.
(c) Maintenance. All construction performed must be maintained to the satisfaction of the
director for two (2) years after the date of completion of the construction. Any damage to or any
defect or other problem caused by or resulting from the right-of-way construction which occurs at
any time within two years after the completion of construction must be corrected to the
satisfaction of the director within ten (10) days after the director provides written notice to the
provider to correct the damage, defect, or other problem. The filing of an appeal pursuant to
section 13.04.003(j) of this article shall toll the provider’s obligation under this section until the
conclusion of the appeal process provided therein.
(d) Repairs. All damage caused directly or indirectly to the right-of-way surface or subsurface
outside the pavement cut or excavation area shall be regarded as a part of the pavement cut or
excavation and must be included in the total area repaired. If repaired by the town, the provider
shall reimburse the town for the actual direct and the indirect costs of the repair.
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(e) Backfill. The director shall notify the provider if the backfill on a construction site settles at
any time during the two-year maintenance period required in this section, causing subsidence of
the pavement of one-half inch or more, vertically, measured in any three-foot horizontal direction.
Upon notification, the provider shall schedule appropriate repair work and promptly notify the
director of the anticipated dates of commencement and completion of the repair work. If the
repair work is not commenced or completed within the agreed-upon time schedule, or if no
response is received by the director within ten (10) days after notification to the provider, the
repair work may be performed by the town. The provider shall reimburse the town for the actual
costs of any repair work performed by the town, including the reasonable costs of collection of
such sum.
(f) Required depth. Facilities shall be installed to a depth approved by the public works
department and consistent with applicable industry standards.
(g) Unfavorable weather conditions. No construction work, including but not limited to
underground installation, or other work activities may be initiated when weather conditions
prohibit proper restoration of disturbed areas in a timely manner, except in the case of an
emergency as defined by this article. In the event of such emergency, the provider shall notify the
town within one (1) business day after the occurrence of such emergency event.
(h) Right of inspection. The town shall have the right to inspect all construction and restoration
work for compliance with this and all other applicable codes and any permit granted pursuant to
this article. At the sole discretion of the town, tests may be conducted to verify compliance with
the requirements of permits issued hereunder and all applicable codes and state or federal laws,
rules, or regulations. In the event that the result of any test or series of tests indicates
noncompliance with the foregoing, the provider shall reimburse the town for all reasonable costs
of those tests and shall take all remedial action to obtain compliance within thirty (30) days of
receipt of notice by the town.
(i) Compliance with law. The provider shall be subject to all applicable laws, codes or
regulations of the town as may exist or may hereafter be amended in the course of construction of
its facilities in the town.
(j) As-built maps. The provider shall furnish accurate, complete and current maps and records
of its facilities to the town as set forth below:
(1) The provider shall furnish two complete sets of “as-built” maps and records to the
town and the provider shall provide the town copies of any new or revised “as-built”
maps or comparable drawings as they are generated for portions of the provider’s
facilities located within the town (and in no event later than ninety (90) days after
construction and activation of any portion of the facilities). Upon request by the town
in an emergency, the provider, as soon as possible (but no more than five (5) business
days from the request), shall inform the town of any changes from such maps and
records previously supplied and shall mark maps provided by the town so as to show
the location of its facilities.
(2) The “as built” maps shall include at a minimum the depth and location of all system
and facility routing, all emergency shut-off valves and controls, and the location of
appurtenant structures, such as nodes, amplifiers, power supplies and system monitor
test points, and shall be drawn to a scale and upon such media as required by the
director. The provider shall specifically identify all information that it deems to be
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proprietary, confidential, or customer specific. The provider may request that the
director accept a document in substitution for an “as-built” plan. The director shall
accept such alternate document if in the director’s reasonable discretion that
document provides the minimum information as required by this article.
(3) If maps and records submitted under this section include information expressly
designated by the provider as a trade secret or other confidential information
protected from disclosure by state law, the director will request an opinion from the
state attorney general as authorized by state law. This subsection may not be
construed to authorize a public service provider to designate all matters in its records
as confidential or as trade secrets.
(Ordinance 2001-13, sec. IV, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.04)
Sec. 13.04.006 Tree trimming; landscaping and erosion control
(a) Tree trimming. The provider shall notify the town prior to undertaking, contracting for, or
directing the trimming of trees in the right-of-way. Except in emergencies, all trimming of trees
on public property shall have the prior written approval of the director. Prior to any trimming of
trees on private property, the provider shall give five (5) days’ written notice to the property
owner or occupant. Should the provider, its contractor or agent fail to remove trimmings within
twenty-four (24) hours of completion of the work, the town may remove the trimmings, or have
them removed, and submit an invoice to the provider. Payment in full shall be made by the
provider within thirty (30) days of the date of the town’s invoice.
(b) Landscaping and erosion control. The following applies to landscaping within the right-of-
way:
(1) The provider shall submit with its permit application a landscape plan along with a
copy of its work print. The landscape plan shall identify the impact of the
construction on existing landscaping and remedial measures that the provider will
take to restore the property to a condition that is as good as or better than the
condition of the property prior to the construction being performed. The provider’s
plan for restoration must be approved by the director prior to the issuance of a permit.
The director may inspect the restoration for compliance up to two (2) years after
completion. Upon notice to the provider of noncompliance, the provider shall
perform all restorative work necessary to comply with the previously approved
landscape plan. All unused materials and other debris shall be removed and properly
disposed of in a timely manner.
(2) Where underground construction work will encroach under the branch spread of trees
or shrubs, proposed structures and conduit shall be relocated outside of the tree or
shrub drip line, or the facilities in question shall be installed by boring the distance of
the branch spread. The placement of such structures and conduits shall be identified
on the provider’s landscape plan and approved by the director prior to the issuance of
a permit.
(3) The provider’s landscape plan shall also identify the erosion control measures to be
used on a work area. The provider’s proposed erosion control measures must be
approved by the director prior to the issuance of a permit. Erosion control measures
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shall be used for all construction work, regardless of whether a permit is required
under this article.
(Ordinance 2001-13, sec. V, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.05)
Sec. 13.04.007 Attachments to space in ducts
If the town desires to place facilities or systems for its internal use in any provider duct, a non-
contingent agreement shall be prerequisite to such attachment(s) or such use of any duct by the
town. Nothing contained in this article shall obligate or restrict the provider in exercising its
rights voluntarily to enter into wire space or facility agreements with other wire-using companies
which are authorized to operate within the town. (Ordinance 2001-13, sec. VI, adopted 6/4/01;
2006 Code, ch. 11, sec. 3.06)
Sec. 13.04.008 Temporary removal of aerial wires
The provider, on the request of any person, shall remove or raise or lower its wires within the
town temporarily to permit the moving of houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid by the benefited party or parties,
and the provider may require such payment in advance. The provider shall be given not less than
forty-eight (48) hours’ advance notice to arrange for such temporary wire changes. The clearance
of wires above ground shall conform to the basic standards of the National Electrical Safety
Code, National Bureau of Standards, and the United States Department of Commerce as
promulgated at the time of erection thereof. (Ordinance 2001-13, sec. VII, adopted 6/4/01; 2006
Code, ch. 11, sec. 3.07)
Sec. 13.04.009 Restoration of site
The provider shall, at its sole cost and expense, restore any and all portion(s) of the right-of-way
affected by construction or other work performed by the provider within ten (10) business days of
completion of such construction or other work. The provider’s responsibility for restoration shall
include all expense for the restoration and replacement of property, real or personal, disturbed,
damaged or in any way injured by or on account of the provider or by its acts or omissions. All
such restoration shall be in accordance with the specifications and standards adopted by the town,
and shall result in a work site condition equal to or better than that which existed prior to the
commencement of construction. Restoration must be to the reasonable satisfaction of the director.
In the event that the provider and its contractors and subcontractors fail to make such repair
within the time specified by the town or in accordance with the town’s specifications and
standards, the town shall be entitled to complete the repair in accordance with applicable
standards and the provider shall pay the town all costs of such repair. Prior to undertaking
construction or maintenance efforts which will in any way alter or change the streets or right-of-
way, the provider shall make a video recording or photograph(s) of the affected area and submit a
copy of the photograph(s) or video recording to the director. Restoration obligations of the
provider include but are not limited to the following:
(1) Replacement of all sod or ground cover with sod or ground cover that is the same or
an equivalent to the type of ground cover impacted during work, either by sodding or
seeding.
(2) Installation of all manholes and hand holes, as required.
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(3) Backfilling and compaction of all bore pits, potholes, trenches or any other holes,
unless other safety requirements are approved by the director. This must be done on a
daily basis unless other safety requirements are approved by the director.
(4) Leveling of all trenches and backhoe lines.
(5) Restoration of the excavation site to town specifications as identified in the
administrative policies of the town and, when applicable, the North Central Texas
Council of Government’s (NCTCOG) Standard Specifications for Public Works
Construction, as amended; and restoration of all landscaping and other affected
structures such as sprinkler systems and mailboxes.
(6) Restoration of the entire excavation site to the specifications and requirements set
forth herein and to the NCTCOG specifications, when applicable.
(7) Restoration of all landscaping, ground cover, and sprinkler systems.
(8) Restoration of any damaged traffic-control devices, including but not limited to
embedded loop detectors, pavement markings, underground conduits, and signs.
(9) Restoration of special street, sidewalk, or drive approach surfaces designed to present
unique visual images, color, or designs (regardless of the type, color, pattern, or
texture of special material or process used) must be done so that the restoration
matches the color, texture, and pattern of the surrounding special surfaces.
(10) All locate flags shall be removed during the cleanup process by the provider or its
contractor at the completion of the construction.
(11) Restoration must be made in a timely manner as specified by the town in the permit
and must be to the reasonable satisfaction of the director.
(12) The surface or subsurface of any street within the town disturbed by the provider in
building, constructing, renewing, or maintaining its facilities shall be restored within
a reasonable time after completion of the work in compliance with town codes, rules,
standards or other applicable provisions of law and maintained to the satisfaction of
the town council, or of any town official to whom such duties have been or may be
delegated, for a period of two (2) years following completion of the restoration, after
which time responsibility for the maintenance shall revert to the town. No such street,
avenue, alley, highway, viaduct or public ground shall be encumbered for a longer
period than shall be necessary to execute the work.
(13) If the backfill on a construction site settles at any time during the two (2) year period
after completion of construction, causing subsidence of the ground equal to or greater
than one-half inch (1/2") vertically, measured in any three-foot horizontal direction,
the provider shall fill and level such site within five (5) business days of notice by the
town. If the repair work is not completed within such time period, the town may
perform such work. The provider shall reimburse the town for the actual costs
incurred by the town in the performance of the work, including reasonable costs of
collection of such sum.
(Ordinance 2001-13, sec. VIII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.08)
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Sec. 13.04.010 Warning devices; emergency contact
(a) Warning devices during construction. During all construction, the provider shall maintain
reasonable barriers, lights, and other warning devices to the users of the streets or right-of-way in
compliance with applicable government regulations requiring and pertaining to such barriers or as
reasonably requested by the director. Should it become necessary to impede the normal flow of
vehicular or pedestrian traffic, the provider shall employ roadway closure or partial closure
practices as delineated in the state Manual of Uniform Traffic Control Devices, as amended, and
in the codes and standards established by the town, and shall submit an alternate traffic routing
plan to the town’s department of public safety prior to implementing its proposed plan.
(b) Emergency contact. The provider shall provide the director with a twenty-four (24) hour
emergency telephone number at which a named responsible adult representative of the provider
(not voice mail or a recording) can be accessed in the event of an emergency.
(Ordinance 2001-13, sec. IX, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.09)
Sec. 13.04.011 Responsibilities of provider
(a) Utility notification program. The provider shall participate in and be a member of the
state’s utility notification program, whether provided for by statute or otherwise.
(b) Provider’s responsibility for facilities.
(1) A provider shall:
(A) Properly construct, install, operate, repair, relocate, upgrade, and maintain its
facilities existing within the right-of-way; and
(B) Repair or restore any damage to other facilities, the right-of-way, or private
property that occurs as a result of improper construction, installation, operation,
repair, relocation, upgrade, or maintenance of the facilities in the right-of-way.
(2) Facilities shall be considered to be improperly constructed, installed, operated,
repaired, relocated, upgraded, or maintained if:
(A) The construction, installation, operation, repair, relocation, upgrade, or
maintenance endangers public health or safety or creates a public
inconvenience;
(B) The facilities encroach upon private property for which the provider has not
obtained an easement or other legal authority to encroach upon such private
property or the facilities extend outside the right-of-way location designated in
the permit;
(C) Above-ground facilities located within the right-of-way are less than one and
one-half feet from the face of the curb or less than six inches (6") from a
sidewalk;
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(D) The construction, design, or configuration of the facilities does not comply
with applicable local, state, or federal laws or regulations;
(E) The construction, installation, operation, repair, relocation, upgrade or
maintenance in the right-of-way is conducted in a manner that damages private
property or another provider’s facilities;
(F) The facilities are not capable of being located or maintained using standard
practices; or
(G) The facilities are placed in an area that interferes with another provider’s
facilities.
(Ordinance 2001-13, sec. X, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.10)
Sec. 13.04.012 Insurance
(a) Types and limits. During the term of this article, providers, other than governmental
entities, shall maintain, or cause to be maintained, in full force and effect and at its sole cost and
expense, the following types and limits of insurance:
(1) Worker’s compensation insurance meeting state statutory requirements and
employee’s liability insurance with minimum limits of five hundred thousand dollars
($500,000.00) for each accident.
(2) Comprehensive commercial general liability insurance with minimum limits of five
million dollars ($5,000,000.00) as the combined single limit for each occurrence of
bodily injury, personal injury and property damage. The policy shall provide blanket
contractual liability insurance for all permits, and shall include coverage for products
and completed operations liability, independent contractor’s liability, and coverage
for property damage from perils of explosion and collapse or damage to underground
utilities, commonly known as XCU coverage.
(3) Automobile liability insurance covering all owned, hired, and non-owned vehicles in
use by the provider, its employees and agents, with personal protection insurance and
property protection insurance to comply with the provisions of the Texas No-Fault
Insurance Law, including residual liability insurance with minimum limits of five
million dollars ($5,000,000.00) as the combined single limit for each occurrence for
bodily injury, personal injury and property damage.
(4) At the start of and during the period of any construction, builder’s all-risk insurance,
providing coverage on all buildings and structures which will be installed or
constructed as part of the facilities together with an installation floater or equivalent
property coverage covering cables, materials, machinery and supplies of any nature
whatsoever which are to be used in or incidental to the construction of the facilities.
(5) Upon completion of the construction of the facilities, the provider shall substitute for
the foregoing insurance policies of fire, extended coverage and vandalism and
malicious mischief insurance on the entire completed system. The amount of
insurance at all times shall be representative of the insurable values installed or
constructed.
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(6) All policies other than those for worker’s compensation shall be written on an
occurrence and not on a claims-made basis.
(7) The coverage amounts set forth above may be met by a combination of underlying
and umbrella policies, so long as in combination the limits equal or exceed those
stated.
(b) Named insureds. All policies, except for business interruption and worker’s compensation
policies, shall name the “Town of Trophy Club, a municipal corporation of the State of Texas,
and all associated, affiliated, allied and subsidiary entities of the Municipality, now existing or
hereafter created, and their respective officers, boards, commissions, employees, agents and
contractors, as their respective interests may appear” as additional insureds (herein referred to as
the “additional insureds”). Each policy which is to be endorsed to add additional insureds
hereunder shall contain cross-liability wording as follows: “In the event of a claim being made
hereunder by one insured for which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in the same manner as if separate
policies had been issued to each insured hereunder.”
(c) Evidence of insurance. Certificates of insurance for each insurance policy required to be
obtained by the provider in compliance with this section, along with written evidence of payment
of required premiums, shall be filed and maintained with the town annually during the term of
this article. The provider shall immediately advise the indemnitees of any claim or litigation that
may result in liability to them.
(d) Cancellation of policy. All insurance policies maintained pursuant to this article shall
contain the following endorsement: “At least sixty (60) days’ prior written notice shall be given
to the Town of Trophy Club by the insurer of any intention not to renew such policy or to cancel,
replace or materially alter same, such notice to be given by registered mail.”
(e) Acceptable insurance companies. All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business in the state or surplus line
carriers on the state insurance commission’s approved list of companies qualified to do business
in the state. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M.
Best Provider.
(f) Deductibles. All insurance policies may be written with retainages and deductibles, not to
exceed fifty thousand dollars ($50,000.00) unless approved in advance by the town in writing.
The provider agrees to indemnify and save harmless the indemnitees and additional insureds from
and against the payment of any retainage or deductible and from the payment of any premium on
any insurance policy required to be furnished by this article.
(g) Proof of insurance. The provider shall furnish the town with proof of insurance at the time
of application for construction permits. In lieu of providing proof of insurance with each permit
application, the provider may annually file with the town current proof of insurance that extends
to all projects within the town, including the project for which the permit is requested. The town
reserves the right to review the insurance requirements and to reasonably adjust insurance
coverage and limits when the director determines that changes in statutory law, court decisions, or
the claims history of the industry or the provider requires adjustment of the coverage. For
purposes of this section, the town will accept certificates of self-insurance issued by the state or
letters written by the agency in those instances where the state does not issue such letters, which
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provide the same coverage as required herein. Upon the request of the town, the provider shall
submit documentation from a qualified person stating that the self-insurance submitted provides
the same coverage as required herein for insurance policies or that the insurance coverage
provided by the provider complies with all requirements of this article.
(Ordinance 2001-13, sec. XI, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.11)
Sec. 13.04.013 Governing law
This article shall be construed in accordance with town codes in effect on the date of passage of
this article to the extent that said ordinances are not in conflict with or in violation of the
constitution and laws of the United States or the state. (Ordinance 2001-13, sec. XIII, adopted
6/4/01; 2006 Code, ch. 11, sec. 3.13)
Sec. 13.04.014 Indemnification of town
(a) Except as to certificated telecommunications providers, as defined by section 283.002(2) of
the Texas Local Government Code, each provider placing facilities in the right-of-way shall agree
to promptly defend, indemnify and hold the town harmless from and against all damages, costs,
losses or expense:
(1) For the repair, replacement, or restoration of the town’s property, equipment,
materials, structures and facilities which are damaged, destroyed or found to be
defective as a result of the provider’s acts or omissions,
(2) From and against any and all claims, demands, suits, causes of action, and judgments
for:
(A) Damages to or loss of the property of any person (including but not limited to
the provider, its agents, officers, employees and subcontractors, the town’s
agents, officers and employees and third parties); and/or
(B) Death, bodily injury, illness, disease, loss of services, or loss of income or
wages to any person (including but not limited to the agents, officers and
employees of the provider, the provider’s subcontractors and the town and third
parties) arising out of, incident to, concerning or resulting from the negligence
or willful act or omissions of the provider, its agents, employees, and/or
subcontractors, in the performance of activities pursuant to this article.
(b) This indemnity provision shall not apply to any liability resulting from the intentional
conduct or negligence of the town or its officers, employees, agents, contractors, or
subcontractors. The indemnity provision in section 283.057 of the Texas Local Government Code
and amendments thereto shall apply to all certificated telecommunications providers.
(Ordinance 2001-13, sec. XIV, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.14)
Sec. 13.04.015 Surety bond
(a) Before a permit as provided in this article is issued, and unless waived by the town council,
or unless exempt from these requirements by law, the applicant shall deposit with the director a
surety bond in the amount of $25,000.00 payable to the town. The director shall have the right to
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reduce the amount of the bond if he/she determines in his/her sole discretion that the prescribed
amount would be unreasonable in the light of the scope and costs of the work. The required surety
bond must be:
(1) With good and sufficient surety.
(2) By a surety company authorized to transact business in the state.
(3) Satisfactory to the town attorney in form and substance.
(4) Conditioned upon the provider’s compliance with this article and to secure and hold
the town and its officers harmless against any and all claims, judgments, or other
costs arising from the excavation and other construction work covered by the
excavation permit or for which the town, the town council, or any town officer may
be made liable by reason of any accident or injury to persons or property through the
fault of the provider either in not properly guarding the excavation or for any other
injury resulting from the negligence of the provider, and further conditioned to fill
up, restore and place in good and safe condition as near as may be to its original
condition, and to the satisfaction of the director, all openings and excavations made
in the streets or right-of-way, and to maintain any street or right-of-way where
excavation is made in as good condition for the period of two (2) years after such
work shall have been done and accepted by town, usual wear and tear excepted, as it
was in before such work shall have been done. Any settlement of or upheaval of the
surface within such two (2) year period shall be deemed conclusive evidence of
defective backfilling by the provider. Nothing contained in this subsection shall be
construed to require the provider to maintain any repairs to pavement made by the
town if such repairs should prove defective. Any owner of real estate repairing or
engaging another to repair his own sidewalk shall not be required to give such bond.
In the event of any suit or claim against the town by reason of the negligence or
default of the provider, upon the town’s giving written notice to the provider of such
suit or claim, any final judgment against the town requiring it to pay for such damage
shall be conclusive upon the provider and his surety.
(b) In lieu of providing a surety bond with each permit application, an applicant may elect to
provide a two (2) year surety bond meeting all of the requirements of this section which is
applicable to all excavation work in the right-of-way performed by or on behalf of the principal.
(Ordinance 2001-13, sec. XV, adopted 6/4/01; 2006 Code, ch. 11, sec. 1.15)
Sec. 13.04.016 Director’s authority; enforcement; offenses
(a) Director’s authority. The director is authorized to administer and enforce the provisions of
this article and to promulgate regulations, including but not limited to engineering, technical, and
other special criteria and standards, to aid in the administration and enforcement of this and any
other applicable town code or state or federal law, rule, or regulation.
(b) Inspections. The director is authorized to enter upon a construction site within the right-of-
way, upon public property, or, where necessary, upon private property adjacent to a construction
site within the public right-of-way, for purposes of inspection to determine compliance with this
article or a permit issued hereunder.
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(c) Failure to obtain permit; noncompliance. A person commits an offense if he:
(1) Performs, authorizes, directs, or supervises construction without a valid permit as
required by this article;
(2) Violates any provision of this article;
(3) Fails to comply with restrictions or requirements of a permit issued under this article;
or
(4) Fails to comply with an order or regulation of the director issued pursuant to this
article.
(d) Damaging property; failure to clear debris. A person commits an offense if, in connection
with the performance of construction in the public right-of-way, he:
(1) Damages the public right-of-way beyond what is incidental or necessary to the
performance of the construction;
(2) Damages public or private facilities within the public right-of-way; or
(3) Fails to clear debris associated with the construction from a public right-of-way after
construction is completed.
(e) Defenses. It is a defense to prosecution under subsection (d)(2) of this section if the person
complied with all of the requirements of this article and state law and the damage was caused
because the facilities in question:
(1) Were not shown or indicated in a plan document, plan of record, record construction
drawing, or field survey, staking or marking; and
(2) Could not otherwise be discovered in the public right-of-way through the use of due
diligence.
(f) Culpability. A culpable mental state is not required to prove an offense under this article. A
person who violates a provision of this article is guilty of a separate offense for each day or
portion of a day during which the violation is committed, continued, authorized, directed, or
permitted. An offense is punishable by a fine of not more than $500.00.
(Ordinance 2001-13, sec. XVI, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.16)
Sec. 13.04.017 Venue
Venue for any proceeding under this article shall be in Denton County, Texas, unless an alternate
venue is required by law. (Ordinance 2001-13, sec. XVII, adopted 6/4/01; 2006 Code, ch. 11, sec.
3.17; Ordinance adopting Code)
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Sec. 13.04.018 Service of notices to town
For any purpose related to this article, notice to the town shall be to the:
Town Manager and Mayor
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
(Ordinance 2001-13, sec. XVIII, adopted 6/4/01; 2006 Code, ch. 11, sec. 3.18)
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CHAPTER 14
ZONING
ARTICLE 14.01 GENERAL PROVISIONS.............................................................................14-7
ARTICLE 14.02 ZONING ORDINANCE.................................................................................14-7
Division 1. Generally...............................................................................................................14-7
Sec. 14.02.001 Short title.............................................................................................14-7
Sec. 14.02.002 Purpose................................................................................................14-7
Sec. 14.02.003 Official zoning map.............................................................................14-7
Sec. 14.02.004 Rules for interpretation of district boundaries.....................................14-8
Sec. 14.02.005 General provisions...............................................................................14-9
Sec. 14.02.006 Newly annexed territory....................................................................14-10
Sec. 14.02.007 Zoning designation of vacated streets and alleys..............................14-10
Sec. 14.02.008 Water areas........................................................................................14-10
Division 2. Definitions..........................................................................................................14-10
Sec. 14.02.051 Catchlines..........................................................................................14-10
Sec. 14.02.052 General definitions............................................................................14-11
Division 3. Establishment of Districts...................................................................................14-28
Sec. 14.02.101 District classifications.......................................................................14-28
Sec. 14.02.102 Classification of new and unlisted properties....................................14-29
Sec. 14.02.103 Use table............................................................................................14-30
Division 4. District Regulations............................................................................................14-33
Sec. 14.02.151 R-15 Single-Family District regulations............................................14-33
Sec. 14.02.152 R-12 Single-Family District regulations............................................14-36
Sec. 14.02.153 R-11 Single-Family District regulations............................................14-39
Sec. 14.02.154 R-10 Single-Family District regulations............................................14-42
Sec. 14.02.155 R-9 Single-Family District regulations..............................................14-45
Sec. 14.02.156 R-8 Single-Family District regulations..............................................14-48
Sec. 14.02.157 R-FV Single-Family District regulations..........................................14-51
Sec. 14.02.158 R-TT Twenty in Trophy Single-Family District regulations.............14-54
Sec. 14.02.159 R-OH Oak Hill Single-Family District regulations...........................14-56
Sec. 14.02.160 R-OHP Oak Hill Patio Single-Family District regulations...............14-59
Sec. 14.02.161 R-S Summit Single-Family District regulations................................14-62
Sec. 14.02.162 MH HUD-Code Manufactured Home and Industrialized Housing
District regulations..........................................................................14-65
Sec. 14.02.163 PD Planned Development District regulations..................................14-70
Sec. 14.02.164 NS Neighborhood Service District regulations.................................14-74
Sec. 14.02.165 CG Commercial General District regulations...................................14-77
Sec. 14.02.166 CR Commercial Recreation District regulations...............................14-82
Sec. 14.02.167 PO Professional Office District regulations......................................14-87
Sec. 14.02.168 GU Government Use District regulations.........................................14-92
Sec. 14.02.169 H Historic Landmark District regulations.........................................14-94
Division 5. Supplementary District Regulations...................................................................14-95
Sec. 14.02.251 Temporary uses.................................................................................14-95
Sec. 14.02.252 Sale of alcoholic beverages...............................................................14-97
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Sec. 14.02.253 Accessory structures and uses.........................................................14-105
Sec. 14.02.254 Height limits....................................................................................14-109
Sec. 14.02.255 Required yards.................................................................................14-109
Sec. 14.02.256 Projections into required yards........................................................14-110
Sec. 14.02.257 Right-of-way and easement dedication requirements......................14-110
Sec. 14.02.258 Nonconforming uses and structures................................................14-110
Sec. 14.02.259 Site plan requirements.....................................................................14-113
Sec. 14.02.260 Wireless antennas and antenna facilities.........................................14-114
Sec. 14.02.261 Home occupations...........................................................................14-124
Sec. 14.02.262 Oil and gas well drilling and production.........................................14-125
Division 6. Conditional and Specific Uses..........................................................................14-139
Sec. 14.02.301 Conditional use permits...................................................................14-139
Sec. 14.02.302 Specific use permit..........................................................................14-142
Division 7. Development and Design Standards.................................................................14-145
Sec. 14.02.351 Fencing, retaining walls and screening............................................14-145
Sec. 14.02.352 Landscaping regulations..................................................................14-154
Sec. 14.02.353 Off-street parking regulations..........................................................14-161
Sec. 14.02.354 Off-street loading regulations..........................................................14-164
Sec. 14.02.355 Parking and loading area development standards for
nonresidential uses.........................................................................14-165
Division 8. Administration and Enforcement......................................................................14-166
Sec. 14.02.401 Administration and enforcement.....................................................14-166
Sec. 14.02.402 Certificates of occupancy and compliance......................................14-169
Sec. 14.02.403 Amendments....................................................................................14-169
Sec. 14.02.404 Planning and zoning commission....................................................14-171
Sec. 14.02.405 Zoning board of adjustment.............................................................14-173
Sec. 14.02.406 Public hearings................................................................................14-175
Sec. 14.02.407 Exceptions and exemptions not required to be negated...................14-175
Sec. 14.02.408 Penalty.............................................................................................14-176
Division 9. Illustrations.......................................................................................................14-176
Sec. 14.02.451 First floor designation and measurement of height of structure......14-176
Sec. 14.02.452 Height measurement for primary structure and accessory
building..........................................................................................14-177
Sec. 14.02.453 Determining setback distance along curved property lines.............14-177
Sec. 14.02.454 Method of measuring front yard......................................................14-178
Sec. 14.02.455 Front yard where zoning changes in a block...................................14-178
Sec. 14.02.456 Lot width.........................................................................................14-179
Sec. 14.02.457 Lot depth..........................................................................................14-179
Sec. 14.02.458 Yards...............................................................................................14-180
Sec. 14.02.459 Obstruction zones............................................................................14-180
Sec. 14.02.460 Sight distance zone (plan view).......................................................14-181
ARTICLE 14.03 OIL AND GAS WELLS.............................................................................14-181
Division 1. Generally...........................................................................................................14-181
Sec. 14.03.001 Penalty.............................................................................................14-181
Sec. 14.03.002 Development site plan requirements...............................................14-181
Division 2. Drilling and Production Standards....................................................................14-183
Sec. 14.03.031 Applicability....................................................................................14-183
Sec. 14.03.032 General standards............................................................................14-183
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Sec. 14.03.033 On-site requirements.......................................................................14-183
Sec. 14.03.034 Operations and equipment practices and standards.........................14-184
Sec. 14.03.035 Storage tanks and separators...........................................................14-185
Sec. 14.03.036 Flow lines and gathering lines.........................................................14-186
Sec. 14.03.037 Additional safety and environmental requirements.........................14-186
Sec. 14.03.038 Supplemental drilling......................................................................14-187
Sec. 14.03.039 Compliance with other laws............................................................14-187
[Next page is 14-7.]
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ARTICLE 14.01 GENERAL PROVISIONS
(Reserved)
ARTICLE 14.02 ZONING ORDINANCE*
Division 1. Generally
Sec. 14.02.001 Short title
This ordinance shall be known and may be cited and referred to as the “Comprehensive Zoning
Ordinance” to the same effect. (Ordinance 98-29, sec. I, adopted 12/1/98; Ordinance 2000-06,
sec. I, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.01)
Sec. 14.02.002 Purpose
The zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting health, safety, morals and the general welfare
of the community. They have been designed with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and
air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and
other public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. (Ordinance 98-29, sec. II, adopted 12/1/98; Ordinance
2000-06, sec. II, adopted 3/21/00; 2006 Code, ch. 13, sec. 1.02)
Sec. 14.02.003 Official zoning map
The town is hereby divided into the districts listed in section 14.02.101, District Classifications,
as shown on the official zoning map, which zoning map, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part of this ordinance.
(1) The official zoning map shall be identified by the signature of the mayor attested by
the town secretary, and bearing the seal of the town under the following words: “This
is to certify that this is the Official Zoning Map referred to in section 1.03, Official
Zoning Map, of Ordinance Number 2000-06, of the Town of Trophy Club, Texas”
together with the date of the adoption of this ordinance.
* Editor’s note–This article consists of the zoning ordinance previously published as chapter 13 in the
2006 Code of Ordinances, derived from Ordinance 2000-06 P&Z, adopted March 21, 2000, as amended.
Section numbers, style, capitalization and formatting have been changed to be consistent with the
remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. The
term “Town of Trophy Club” has been changed to “town.” Changes in the names of state agencies have
been incorporated without notation. Obviously misspelled words have been corrected without notation.
Except for these changes, such ordinance is printed herein as published in the 2006 Code. Any other
material added for purposes of clarification is enclosed in brackets.
Charter references–Municipal planning and zoning, article VIII; powers relating to zoning, section 8.01;
planning and zoning commission, section 8.03 et seq.; board of adjustment, section 8.05.
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(2) If, in accordance with the provisions of this ordinance, changes are made in district
boundaries or other matters, the same shall be portrayed on the official zoning map
promptly after the amendment has been approved by the town council. No
amendments to this ordinance which involve matters portrayed on the official zoning
map shall become effective until after such change and entry has been made on said
map.
(3) No changes of any nature shall be made on the official zoning map or matter shown
thereon except in conformity with the procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or persons shall be considered a
violation of this ordinance.
(4) Regardless of the existence of purported copies of the official zoning map which may
from time to time be made or published, the official zoning map, which shall be
located in the office of the planning and zoning administrator, shall be the final
authority as to the current zoning status of land and water areas, buildings, and other
structures in the town.
(Ordinance 98-29, sec. III, adopted 12/1/98; Ordinance 2000-06, sec. III, adopted 3/21/00; 2006
Code, ch. 13, sec. 1.03)
Sec. 14.02.004 Rules for interpretation of district boundaries
Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning
map, the following shall apply:
(1) Boundaries indicated as approximately following the centerlines of streets, highways
or alleyways shall be construed to follow centerlines.
(2) Boundaries indicated as approximately following platted lot lines shall be construed
as following the said lot lines.
(3) Boundaries indicated as following town limit lines shall be construed as following
such town limits.
(4) Boundaries indicated as following shorelines of bodies of water shall be construed to
follow such shorelines, and in the event of change in the shoreline shall be construed
as moving with the actual shoreline; boundaries indicated as approximately following
the centerlines of streams, rivers, canals, lakes or other bodies of water shall be
construed to follow such centerlines.
(5) Boundaries indicated as parallel to or extensions of features indicated in subsections
(1) through (4) above shall be so construed. Distances not specifically indicated on
the official zoning map shall be determined by the scale of the map.
(6) Where physical or cultural features existing on the ground are at variance with those
shown on the official zoning map or in other circumstances not covered by
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subsections (1) through (5) above, the zoning board of adjustment shall interpret the
district boundaries.
(Ordinance 98-29, sec. IV, adopted 12/1/98; Ordinance 2000-06, sec. IV, adopted 3/21/00; 2006
Code, ch. 13, sec. 1.04)
Sec. 14.02.005 General provisions
(a) Territorial application. The regulations and restrictions in this ordinance shall apply to all
buildings, structures, land and uses within the corporate limits of the town.
(b) General application. After the effective date of this ordinance, all buildings and structures
erected, remodeled, altered and/or relocated and any use of land, buildings or structures
established shall comply with the applicable provisions of this ordinance. Existing buildings,
structures and uses of land not complying with the provisions of this ordinance may continue
subject to the provisions of section 14.02.258, Nonconforming Uses and Structures.
(c) General prohibition. No building or structure; no use of any building, structure or land; and
no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered,
moved, divided or maintained in any manner except as authorized by the provisions of this
ordinance.
(d) Private agreements. This ordinance is not intended to abrogate, annul or otherwise interfere
with any easement, covenant or private agreement; provided, however, that where the regulations
of this ordinance are more restrictive or impose higher standard or requirements than such
easement, covenants or other private agreements, the regulations of this ordinance shall govern.
(e) Other laws and regulations. The provisions of this ordinance shall be considered the
minimum requirements for the promotion of the public health, safety, comfort, morals and
general welfare. Where the provisions of this ordinance impose greater restrictions than those of
any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling.
Where the provisions of any statute, other ordinance or regulation impose greater restrictions than
this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling.
(f) Applicability/building permits issued prior to effective date. This ordinance shall not
invalidate any unexpired building permits properly issued prior to the effective date of this
ordinance pursuant to which construction has commenced; provided, however, that if any
building, structure or use constructed or established pursuant to such building permit does not
comply with the provisions of this ordinance, such building, structure or use shall be subject to
the provisions of section 14.02.258, Nonconforming Uses and Structures.
(g) Applicability - Pending applications. From and after the effective date of this ordinance, the
provisions of this ordinance shall apply to all pending applications upon which no final decision
has been made.
(h) Appendix. The attached appendix is hereby made a part of this ordinance. However, all
illustrations are intended to represent graphic descriptions only. The text of this ordinance shall
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govern in the event of any conflict that may exist or occur between the illustrations located in the
appendix and the text of this ordinance.
Editor’s note–The illustrations referred to in subsection (h) are included as division 9 of this article.
(Ordinance 98-29, sec. V, adopted 12/1/98; Ordinance 2000-06, sec. V, adopted 3/21/00; 2006
Code, ch. 13, sec. 1.05)
Sec. 14.02.006 Newly annexed territory
All territory added or annexed to the town after the date of passage of this ordinance shall be
automatically classified for R-15 Single-Family District purposes until permanently zoned by the
governing body of the town. The town planning and zoning commission shall, as soon as
practicable after annexation of any territory to the town, institute proceedings on its own motion
to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be
the same as is provided by law for the adoption of original zoning regulations. (Ordinance 98-29,
sec. VI, adopted 12/1/98; Ordinance 2000-06, sec. VI, adopted 3/21/00; 2006 Code, ch. 13, sec.
1.06)
Sec. 14.02.007 Zoning designation of vacated streets and alleys
Whenever any street, alley or other public way is vacated by official action of the town council,
the zoning district adjoining each side of such street, alley or public way shall be automatically
extended to the center of such vacated street, alley or public way and all areas included in the
vacated street, alley or public way shall then and thenceforth be subject to all regulations of the
extended district. (Ordinance 98-29, sec. VII, adopted 12/1/98; Ordinance 2000-06, sec. VII,
adopted 3/21/00; 2006 Code, ch. 13, sec. 1.07)
Sec. 14.02.008 Water areas
The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and
other water areas in the town not otherwise zoned are hereby placed in the same zoning district as
the land on which such water areas abut, as shown on the official zoning map. Where the zoning
districts shown on the official zoning map are different on opposite sides of a water area, then the
zoning district boundary shall be at the centerline or midpoint of the water area. (Ordinance 98-
29, sec. VIII, adopted 12/1/98; Ordinance 2000-06, sec. VIII, adopted 3/21/00; 2006 Code, ch.
13, sec. 1.08)
Secs. 14.02.009–14.02.050 Reserved
Division 2. Definitions
Sec. 14.02.051 Catchlines
The catchlines of the several sections of this ordinance immediately following each section
number or subsection letter or number are intended as mere catchwords to indicate the contents of
the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any
part of the section nor, unless expressly so provided, shall they be so deemed when any of such
sections, including the catchlines, are amended or reenacted. (Ordinance 98-29, sec. IX, adopted
12/1/98; Ordinance 2000-06, sec. IX, adopted 3/21/00; 2006 Code, ch. 13, sec. 2.01)
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Sec. 14.02.052 General definitions
(a) The following words, when used in this ordinance, shall have the meanings respectively
ascribed to them in this section, unless such definition would be inconsistent with the manifest
intent of the planning and zoning commission and the town council or where the context of this
ordinance clearly indicates otherwise:
Accessory building or accessory structure. A subordinate building or structure of masonry and/or
wood construction, detached from the main building, and customarily incidental to the principal
building.
Accessory use. A use subordinate to and incidental to the principal use.
Acreage, gross. The total acreage of a subdivision, including areas dedicated to the public use,
such as streets and alley rights-of-way and open spaces, but not including public parks.
Acreage, net. The total acreage of a subdivision less those areas dedicated to public use, such as
street and alley rights-of-way, open spaces and public parks. Provided, however, that easements
shall be included in net acreage calculations.
Airport. A landing facility for aircraft approved by the United States Federal Aviation Agency.
Alcoholic beverage. Alcohol, or any beverage containing more than one-half of one percent of
alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Alley. A public way, public space or thoroughfare which affords only secondary means of access
to property abutting thereon.
Animal pound/shelter (private). A facility for the incarceration of small domestic animals for
short periods of time.
Animal run. A structure or barrier for the purpose of containing a dog or other animal as
authorized in the town’s animal control ordinance.
Antique shop. An establishment offering for sale, within a building articles such as glass, china,
furniture or similar furnishing and decorations which have value and significance as a result of
age, design or sentiment.
Apartment. A room or suite of rooms arranged, designed or occupied as a residence by a single
family, individual or groups of individuals.
Apartment house. Any building, or portion thereof which is designed, built, rented, leased, let or
hired out to be occupied as three (3) or more apartments or which is occupied as the home or
residence of three (3) or more families living independently of each other and maintaining
separate cooking facilities.
Arbor. An open framework designed to offer shade, with latticework that also serves as a trellis
on which climbing plants can grow.
Architectural grade metal. A non-flat, non-reflective metal panel specifically designed for the use
as a fence.
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Area of lot. The net area of the lot and shall not include portions of streets and alleys.
Art studio. An area for the collection, display, distribution, or instruction of objects of art.
Art supply store. An establishment offering for sale those materials used by conventional artists
for the preparation of their art form.
Attached. Any structure that shares a common wall or foundation with the primary structure.
Bakery or retail confectionery store. An establishment that prepares baked foods and prepared
candies on-site or from a wholesale supplier for the purpose of retail sales.
Bank or financial institution. An establishment, open to the public, for the deposit, custody, loan,
exchange or issue of money, the extension of credit and/or facilitating the transmission of funds
and other financial services and that is licensed by the appropriate state or federal agency as a
bank, savings and loan association, or credit union. This excludes pawnshops, check cashing
businesses, and payday advance/loan businesses.
Basement. A building story which is partly underground and having at least one-half (1/2) of its
height below the average level of the adjoining ground.
Bedroom. A room in a dwelling other than a kitchen, dining room, living room, bathroom,
closet[,] den, or sunroom which is used primarily for sleeping.
Blind fence or wall. A fence or wall through which a person is unable to see standing six (6) feet
from such fence or wall at ground level.
Block. An area within the town enclosed by streets and occupied by or intended for buildings; or,
if said word is used as a term of measurement, it shall mean the distance along a side of a street
between the nearest two (2) streets which intersect said street on said side.
Breezeway. A covered passage one story in height connecting a main structure and an accessory
building.
Buildable area. That portion of a building site exclusive of the required yard areas on which a
structure or building improvements may be erected, and including the actual structure, driveway,
parking lot, pool, and other construction as shown on a site plan.
Building. A structure built for the support, shelter and enclosure of persons, animals, chattels or
movable property of any kind.
Building official. The building official for the town or his or her designee.
Building setback line. A line parallel or approximately parallel to the street line and beyond which
a building or structure may not be erected, encroach or project.
Cabana. A secondary structure on a lot incidental to a swimming pool or recreational area, but
excluding sleeping and cooking facilities.
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Carport. A permanent roofed structure entirely open on at least two sides, designed or used to
shelter not more than two private passenger vehicles.
Cemetery or mausoleum. An area or structure designed to contain the remains of humans for
permanent interment.
Children’s playhouse. A noncommercial single-story structure of less than one hundred twenty
(120) square feet used exclusively for the recreational purpose for children. Said structure shall in
no way be used for habitation.
Church. A place of worship and religious training of recognized religions, including the on-site
housing of ministers and families, priests, rabbis and nuns.
Clinic. An institution or facility for examining, consulting with or treating patients, including
offices, laboratories and outpatient facilities, but not including hospital beds and rooms for acute
or chronic care.
Club. An association of persons for promotion of some common object, such as literature, science
or good fellowship, and jointly supported by its members and carrying the privilege of exclusive
use of a club building and premises.
Colored and embossed poured-in-place concrete. A site-constructed concrete panel with a raised
design and colored to complement the surrounding structures. Design shall encompass eighty (80)
percent of the wall facing and shall be installed on both sides of the wall.
Commercial. Any business, other than a home occupation or manufacturing business, which
involves the exchange of goods or services for the remuneration of a person occupying the
premises upon which the transaction or part thereof takes place.
Commercial amusement. An amusement enterprise offering entertainment or games of skill to the
general public for a fee or charge.
Community festival. A function or occasion that is endorsed by the town council held at a central
location where scheduled activities are held or performed for the benefit of the community.
Community garage sale. A coordinated event, which includes as participants any number of
residents of the town participating together by simultaneously conducting garage sales that are
sponsored by a bona-fide and recognized nonprofit civic organization.
Comprehensive plan. The comprehensive land use plan of the town and includes any unit or a
part of such unit separately adopted and any amendment to such plan or parts thereof.
Concrete masonry unit with facing. A manufactured concrete masonry unit with a facing that is
designed to resemble cut stone. Facing shall be installed on both sides of the unit.
Condominium. The separate ownership of single units or apartments in a multiple-unit structure
or structures with common elements as defined in V.T.C.A., Property Code, chapter 82, as
amended.
Convalescent home. Any structure, other than a hospital, used for or occupied by persons
recovering from illness or suffering from the infirmities of old age.
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Convent. Residence of nuns and other accessory activities which are associated therewith.
Corner lot. A lot situated at the junction of two (2) or more streets.
Country club. An area containing a golf course and a clubhouse available only to the membership
of the country club and their guests, including facilities for dining and entertainment, swimming,
tennis and similar recreational facilities and services.
Crafts and hobby shops. A retail establishment which displays and/or offers for sale objects or
portions of objects relating to recreational activities.
Cul-de-sac. A short, minor street having but one outlet to another street and terminating on the
opposite end by an appropriate vehicular turnaround as shown in the town subdivision
regulations.
Cultural building and facilities. A building or complex of buildings that house cultural facilities
owned and/or operated by a governmental agency or private nonprofit agency.
Day care center or nursery. An establishment where more than three (3) unrelated children under
fourteen (14) years of age are left for care, training, education, custody, or supervision during the
day or any portion thereof. The term “day care center” or “day nursery” shall not include
overnight lodging, medical treatment, counseling, or rehabilitative services, and does not apply to
any school, public or private, as herein defined. Such facility shall be operated in a manner as
required by chapter 42 of the Human Resources Code of the State of Texas, as amended, and in
accordance with such standards as may be promulgated by the Texas Department of Human
Resources.
Day care (in a private home). The care of no more than three (3) children, not a part of the
family, in a residential structure. Such care being provided by a resident of the structure.
Decorative pre-cast embossed concrete. A pre-cast concrete panel with a raised design. Design
shall encompass eighty (80) percent of the wall facing and shall be installed on both sides of the
wall. The use of corrugated tin shall not be allowed to constitute a design.
Decorative street pavement. The physical construction or treatment of streets such that the
aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped
concrete, decorative pavers, colored concrete or a combination thereof.
Dedication. The setting aside of a lot, parcel, or tract of land for a special use by the public. Such
setting aside shall constitute a transfer of ownership from the current owner to the town and shall
be accomplished through platting the property or by a special instrument.
Depth of front yard. The minimum distance from the front lot line to the front line of a building.
Depth of rear yard. The mean horizontal distance between the rear line of a building other than an
accessory building and the rear lot line.
Design standards. The (i) subdivision regulations of the town, (ii) standards for paving, drainage
and utility improvements, and (iii) any other ordinances, regulations or rules of the town relating
to standards for the construction of paving, drainage or other utility improvement.
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Detached. Any structure that does not share a common wall or foundation with the primary
structure.
Development. The construction of one or more new buildings or structures on one or more
building lots, or the use of open land for a new use. “To develop” shall mean to create
development.
Dilapidated. The condition of a building or structure that has fallen into a state of disrepair, ruin
or decay as to render it a menace to public safety such that it promotes fires or houses rodents or
insects.
District. A section of the town for which the regulations governing the area, height and use of
buildings are uniform.
Drip line. A vertical line run through the outermost portion of the crown of a tree and extending
to the ground.
Dry cleaner, pick-up and drop-off. A retail establishment where fabrics are cleaned with
substantially non-aqueous solvents.
Dry cleaning plant. A commercial laundry or cleaning plant doing cleaning or laundry for off-
premises service outlets and retail establishments.
Duplex. A detached building having separate accommodations for two (2) single-family
dwellings or occupied by two (2) families.
Dwelling. An enclosed building or portion thereof having accommodations for only one family or
occupied by one family.
Easement. A right of a person, government agency, or public utility to use public or private land,
which is owned by another person, government agency, or public utility, for a specific purpose.
Efficiency apartment. A dwelling unit in a multifamily structure, consisting of not more than one
habitable room, together with kitchen or kitchenette and sanitary facilities, and having a
minimum of six hundred square feet (600 sq. ft.) of floor area. A habitable room shall be defined
as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space, and similar areas, shall not be considered
habitable space.
Electrical generating station. A facility designed to convert electrical current from other energy
sources for consumption by dwellings and other structures.
Electrical substation. A facility designed to convert electrical current to a different phase or
voltage prior to consumption by dwellings and other structures.
Electrical transmission line. A high voltage line used to transmit electrical current to or between
electrical substations or over long distances and customarily associated with towers.
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Enclosed building. A structure which is floored, roofed and surrounded by outside walls, which
contains no opening larger than one hundred twenty (120) square feet in area normally open to
the air and which contains no series of openings forming a divided opening larger than one
hundred twenty (120) square feet in area normally open to the air.
Engineer. A person duly authorized under the provisions of the Texas Engineering Registration
Act, as amended, to practice the profession of engineering.
Extended 72-hour maximum stay surgery center. Any facility that operates primarily to provide
outpatient based diagnostic treatment and medical/surgical intervention to patients and patrons
requiring medical treatment with provisions for extended, monitored recovery beyond twenty-
four hours. Such facilities may include provisions for extended recovery and medical monitoring
for elective surgical procedures and elective medical intervention. The extended stay facility will
meet the environment of care for an institutional medical/surgical facility. The facility focus shall
primarily address low to medium acuity cases as a component of primary care and elective care.
Due to the primary and elective medical focus, the extended 72-hour maximum stay facility shall
not include emergency care beyond the limits of first aid treatment. Additionally, the extended
stay facility shall not allow helipads or heliports associated with traditional medical facilities
where emergency treatment is primary.
Facing. A veneer of masonry material with the appearance of brick, stucco, limestone or other
materials similar to the foregoing that may be applied to the surface of a building or structure.
Family. Any number of individuals living together as a single family housekeeping unit in which
not more than three (3) individuals are unrelated by blood, marriage, adoption or foster
assignment.
Family home. Shall have the meaning as defined by chapter 42 of the Texas Human Resources
Code.
Fence. Any wall or structure more than three feet (3') in height constructed or placed for the
purpose of enclosing, screening, restricting access, or decorating any real property, building or
structure.
Fire or police station. A facility designed to provide public protection from the dangers of fire
and crime.
First floor. The highest story of a building having its interior floor surface at ground level or not
more than four feet (4') above ground level. Such ground level shall represent the average level
along the side of the building having the lowest ground elevation, and shall be measured at a
maximum of four feet (4') from the building. The first floor in a single-family residential building
shall be designated as the main living area. In a split-level residence, the floors located below and
above the first floor shall be designated as half (1/2) floors.
Florist shop. A shop offering flowers, flower arrangement services and associated products for
sale.
Four-plex or quad-plex. A detached building containing four (4) single-family attached
dwellings.
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Front yard. An open, unoccupied space on a lot facing a street and extending across the front of
the lot between the side yard lines and being the minimum horizontal distance between the street
line and the principal building or any projection thereof other than the projection of normal
architectural features.
Garage, front entry. A structure or portion thereof for the accessory use of storing or parking of
private motor vehicles owned by the occupant of the premises, located in front of or beside the
living area, the access thereto being from the front property line.
Garage, private. An accessory building or a portion of a main building for the storage or parking
of motor vehicles as may be required in connection with the permitted use of the main building. A
private garage shall be totally enclosed with the only exceptions being openings used for access
or ventilation, [and] shall be constructed of similar style and material as the main structure.
Garage sale. A sale of previously owned domestic and household items on-site by the resident of
a single-family detached dwelling. This does not include commercial retail sales. (See
“Community garage sale.”)
Garage, side or rear entry. A structure or portion thereof for the accessory use of storing or
parking of private motor vehicles owned by the occupant of the premises with access or door
facing the side or rear property line. Said structure shall be located partially or totally behind any
portion of the living area.
Gazebo. A secondary structure on a lot incidental to the main residence and being an open air
garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and
bath facilities.
Golf course (commercial). A golf course, privately owned but open to the public for a fee and
operated as a commercial venture.
Grocery store. A retail establishment selling meats, fruits, vegetables, bakery products, dairy
items, and similar products for human consumption for off-premises consumption only.
Group home for the disabled.
(1) A dwelling shared by four or more disabled persons, including resident staff, who
live together as a single housekeeping unit and in a long-term, family-like
environment in which the staff person(s) provide care, education, and participation in
community activities for the residents with the primary goal of enabling the residents
to live as independently as possible in order to reach their maximum potential.
(2) As used herein, the term “disabled” shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such
person’s major life activities so that such person is incapable of living
independently;
(B) A record of having such an impairment; or
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(C) Being regarded as having such an impairment.
However, “disabled” shall not include current illegal use of or addiction to a
controlled substance, nor shall it include any person whose residency in the home
would constitute a direct threat to the health and safety of other individuals. The term
“group home for the disabled” shall not include alcoholism or drug treatment centers,
work release facilities for convicts or ex-convicts, or other housing facilities serving
as an alternative to incarceration.
Guest house. A secondary structure on a lot which may contain dwelling accommodations for the
temporary occupancy by guests and not for rent or permanent occupancy, and such building not
having a separate utility meter.
Hardware store. An establishment offering small hand tools and small building materials and
associated convenience items, and personal hobby materials for sale to the general public.
Height. When referring to the height of a building or portion thereof, the vertical distance
measured from the average established grade at the exterior surface of the structure to the highest
point of the structure, measured a maximum of four (4) feet from the exterior surface of the
structure.
Historic tree. A tree which has been found by the town to be of notable historic interest because
of its age, type, size or historic association and has been so designated by the official records of
the town.
Home occupation. A home occupation is an occupation carried on in the home by a member of
the occupant’s family without the employment of additional persons, without the use of a sign to
advertise the occupation, without structural alterations in the building or any of its rooms, without
offering any commodity or service for sale on the premises and which does not involve open
storage and which does not create a nuisance to abutting residential property such as emission of
odor, increased traffic or generation of light or smoke and where the use is carried on in the main
structure only.
Hospital. A facility or area for providing health services primarily for human inpatient medical or
surgical care for the sick or injured and including related facilities such as laboratories, outpatient
departments, training facilities, central services facilities, and staff offices that are an integral part
of the facilities.
Hotel or motel. A building or group of buildings designed and occupied as a temporary abiding
place for individuals. To be classified as a motel or hotel an establishment shall contain a
minimum of six (6) individual guest rooms or units and may furnish customary services such as
linen, maid service, telephone, [and] use and upkeep of furniture.
HUD-code manufactured home. A structure that was constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing and Urban Development,
transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more
in width or forty (40) body feet or more in length, or, when erected on-site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and including the
plumbing, heating, air conditioning, and electrical systems.
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Industrialized housing. A residential structure that is designed for the use and occupancy of one
or more families, that is constructed in one or more modules or constructed using one or more
modular components built at a location other than the permanent residential site, and that is
designed to be used as a permanent residential structure when the modules or modular
components are transported to the permanent residential site and are erected or installed on a
permanent foundation system. The term includes the plumbing, heating, air conditioning, and
electrical systems. The term does not include any residential structure that is in excess of three
stories or forty-nine (49) feet in height as measured from the finished grade elevation at the
building entrance to the peak of the roof. The term shall not mean nor apply to
(1) Housing constructed of sectional or panelized systems not utilizing modular
components; or
(2) Any ready-built home which is constructed so that the entire living area is contained
in a single unit or section at a temporary location for the purpose of selling it and
moving it to another location.
Kindergarten. School for children of preschool age, in which construction [constructive]
endeavors, object lessons and helpful games are prominent features of the curriculum.
Laundromat. A retail establishment where fabrics are cleaned with aqueous organic solvents in
machines operated by the patron.
Lot. An undivided tract or parcel of land having frontage on a public street or an approved open
space having direct street access, and which is, or in the future may be, offered for sale,
conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and
which is identified by a tract, or lot number, or symbol in a duly approved subdivision plat which
has been properly filed of record, as shown in the town subdivision regulations.
Lot coverage. The total area of a lot upon which is placed a building, buildings or other
structures.
Lot depth. The length of a line connecting the midpoints of the front and rear lot lines.
Lot, double frontage or through. Any lot, but not including a corner lot, with frontage on two (2)
streets which are parallel to each other or within forty-five (45) degrees of being parallel to each
other.
Lot frontage. The length of street frontage between property lines.
Lot, irregular. Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the
opposite lot lines of which vary in dimension and the corners of which have an angle of either
more or less than ninety (90) degrees.
Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the
office of the county clerk of the county where the lot is located, or a parcel of land, the deed of
which was recorded in the office of the county clerk of the county where the lot is located prior to
the effective date of this ordinance.
Lot, reverse frontage. A corner lot, the rear of which abuts the side of another lot.
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Lot width. The average distance between the side lot lines, which is normally that distance
measured along a straight line connecting the midpoint of the two side lot lines.
Maintenance. All work necessary or appropriate to keep a building or structure in proper
condition and in compliance with this ordinance or other applicable law, codes or regulations.
Masonry materials. Materials that shall include stone, brick, faux stone or brick, and concrete
masonry units with decorative facing.
Massage. Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the
body of a human being, either with the hand or of [by] other special apparatus, but shall not
include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical
therapists or registered nurses or licensed vocational nurses who treat only patients recommended
by a licensed physician and who operate only under such physician’s direction. The term
“massage” shall not include massages authorized by the state in beauty shops and barber shops
staffed by licensed barbers and beauticians.
Massage parlor. Any building, room, place or establishment, other than a regularly licensed
hospital, where manipulated massage or manipulated exercises are practiced upon the human
body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether
with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish
bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or
a place wherein registered physical therapists treat only patients recommended by a licensed
physician and operate only under such physician’s direction.
May. Shall mean discretionary, and not mandatory.
Mechanical equipment. Any machinery designed or manufactured for permanent installation in
one place, either outside of a building or inside of a mechanical equipment building or room.
Minimum square footage of dwelling unit. The minimum square footage of living space required
per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile
parking, but including enclosed porches.
Mobile home. A structure that was constructed before June 15, 1976, transportable in one or more
sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and including the plumbing, heating, air conditioning,
and electrical systems.
Modular home. A structure or building module that is manufactured at a location other than the
location where it is installed and used as a residence by a consumer, transportable in one or more
sections on a temporary chassis or other conveyance device, and to be used as a permanent
dwelling when installed and placed upon a permanent foundation system. The term includes the
plumbing, heating, air conditioning and electrical systems contained in the structure. The term
does not include a mobile home as defined in the Texas Manufactured Housing Standards Act,
nor does it include building modules incorporating concrete or masonry as a primary component.
Monastery. Residence of monks or priests and other accessory activities which are associated
therewith.
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Mortuary or funeral home. An establishment serving the needs of the community by providing
embalming and burial services in conformance with the State of Texas statutes.
Multifamily dwelling. A building or buildings containing or aggregating four or more single-
family dwelling units.
Natural grade or grade. The natural grade existing prior to any site preparation, grading or
filling. The natural grade is that area or point adjacent and contiguous to a proposed building or
structure prior to construction or placement of the same.
Natural vegetation. Living plant material.
Noncommercial. A person, endeavor, organization, agency, or operation that does not involve the
exchange of goods or services, as a principal or secondary use, for the remuneration of a person,
venture, partnership, corporation, or organization occupying the premises upon which the
transaction or part thereof takes place.
Nonconforming use. A building, structure or use of land lawfully occupied at the time of the
effective date of this ordinance or amendments thereto, and which does not conform to the use
regulations of the districts in which it is situated.
Office, business and professional. A room or group of rooms for the provision of business and
professional services, not including retail sales or production.
Office, medical and dental. A room or group of rooms for the provision of medical and dental
health care services, not to include other than ambulatory care.
Off-street parking. Concrete surface areas upon which motor vehicles may be parked and which
area has access to a public street.
Opaque. A fence material that is impenetrable by light; neither transparent nor translucent.
Open space. All land designated for the recreational enjoyment and/or natural beauty of the area.
Outdoor advertising sign. A signboard advertising a service[,] commodity, goods, wares,
merchandise or opinion not sold or offered to the public at the site upon which the signboard is
located.
Outdoor kitchen. May include not only a grill but also a refrigerator, cabinetry, a sink or even a
wine cooler.
Outside storage. The storage of commodities, goods and/or refuse outside of an enclosed
building.
Park. Land dedicated to, purchased by or otherwise acquired by the town for the purpose of
providing public recreational and/or open areas.
Pavement width. That portion of a street available for vehicular traffic; where curbs are laid, it is
the portion between the face of the curbs.
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Pavilion. An open structure without walls but covered with a roof. The structure may be of wood
construction and shall have a roof construction consistent with residences within the town.
Pawnshop. An establishment where money is loaned on the security of personal property pledged
in the keeping of the pawnbroker.
Pedestrian path. A paved pedestrian way generally located within the public street right-of-way,
but outside of the street or roadway.
Pergola. A shaded walk or passageway of columns that support cross-beams and an open lattice,
upon which woody vines are grown.
Perimeter plan. A map indicating the proposed areas of common land usage on a tract of land
three hundred feet (300') in depth adjacent to and within the total perimeter of the district.
Person. Any individual, association, firm, partnership, corporation, governmental agency,
political subdivision or any other entity recognized in law.
Pharmacy, drugstore, apothecary. An establishment offering over-the-counter and prescription
drugs and allied products for retail sale.
Photographic studio. A building or portion of a building as a place of work for a photographer.
Planned development. A subdivision that consists of commercial and/or residential land uses,
public land uses, and common open space and park and recreational areas, adequate to serve the
needs of the tract when fully developed and populated, which is to be developed as a single
entity, under unified control.
Planning and zoning administrator/coordinator. The planning and zoning manager of the town or
his or her designee.
Plat. A final plat that has been approved by the town in accordance with the town subdivision
regulations and filed in the deed records of the county where the land is located.
Playground. An area used primarily for recreational purposes for children and which generally
includes equipment such as, but not limited to, swing sets, slides and merry-go-rounds; provided,
however, that a playground shall not mean any play area on a residential lot and used primarily by
a person or persons residing on the residential lot.
Premises. A piece of land or real estate owned, rented, leased, used or occupied distinct from
those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy.
Principal structure. A building or structure, the use of which is a principal use.
Principal use. A use which, in comparison with another use occurring on the same property, has
the greatest effective producing power.
Private. The exclusion of those who have not been invited.
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Private club. A social organization to which membership is by invitation only, and its meeting
place in which only members and their guests are permitted, but excluding private clubs in which
alcoholic beverages are stored, possessed or consumed.
Professional service. Work performed by a member of a profession licensed as a profession by
the State of Texas.
Public. Promotion of a public cause or service, including utilities having a franchise from the
town, but excluding other profit-making organizations.
Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public
street, alley, crosswalk, pedestrian path, drainageway or other public way.
Public utility. Any person, corporation or other entity owning or operating for compensation
within the town equipment or facilities for:
(1) Producing, generating, transmitting, selling or furnishing electricity;
(2) Conveying, transmitting or receiving communications over a telephone;
(3) Providing, furnishing or selling water or sewer services;
(4) Producing, transporting, furnishing or selling natural gas; or
(5) Providing, furnishing or selling cable television.
Rear yard. A space unoccupied by a principal structure extending for the full width of the lot
between the principal structure and the rear lot line.
Recreational vehicle campgrounds. Any premises on which one or more recreational vehicles or
travel trailers are parked or situated and used for the purpose of supplying to the public a parking
space for one or more such coaches or trailers.
Rectory. Residence of ministers or priests and other accessory activities which are associated
therewith.
Religious institution. Shall be held to include a church as defined herein.
Repair. The reconstruction or renewal of any part of an existing building or structure for the
purpose of maintenance.
Residential density. The number of dwelling units per gross acre, excluding any areas that are
designated to be used for parks and open space, and other nonresidential purposes.
Restaurant or cafe. A building or portion of a building, where the primary business is the on-
premises sale of prepared food, with adequate facilities for the preparation of the food to be sold,
the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and
the type of menu offered.
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Restaurant or eating establishment (drive-in service). An establishment designed and constructed
to serve food for consumption on the premises, in an automobile, or for carry-out for off-premises
consumption and which establishment may or may not have on-premises dining room or counter.
Restaurant with alcoholic beverage sales. A restaurant or eating establishment where alcoholic
beverages are sold whose gross sales in the town from food on an annual basis at the location
represent at least sixty percent of total sales.
Retail store. A place where goods, wares, merchandise and commodities are sold and transferred
directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon
or single articles as opposed to wholesale trade.
Retaining wall. A wall designed to resist the lateral displacement of soil or other materials, said
materials being substantially equal in height to the height of the wall.
Retirement home. A development facility providing dwelling units specifically designed for the
needs of ambulatory persons who have retired from active vocations.
School, college/university. An academic institution of higher learning, accredited or recognized
by the state and offering a program or series of programs of academic study leading to a
recognized degree or advanced degree.
School, denominational or private. A school under the sponsorship of a private agency,
corporation, or religious agency, having a curriculum generally equivalent to public elementary or
secondary schools, and accredited or licensed by the State of Texas; but excluding private trade or
commercial schools as herein defined.
School, public. A school under the sponsorship of a public agency providing elementary or
secondary curriculum, and accredited or licensed by the State of Texas; but excluding private
trade or commercial schools.
School, trade or commercial. An establishment other than accredited or licensed public, private or
denominational school, offering training or instruction in art occupation, or trade.
Screening. To conceal an object from public view by means of landscaping materials or an
opaque fence.
Screening wall or fence. A wall or fence, the surface of which does not contain openings more
than forty (40) square inches in each one square foot of surface of such wall or fence, and which
surface shall constitute a visual barrier.
Servants’ quarters. An accessory dwelling located on a lot with a main residence structure and
used as living quarters for persons employed on the premises only, and not for rent or use as a
separate domicile of other than persons employed on the premises, and with no separate utility
meters.
Shall. Means mandatory, and not discretionary.
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Side yard. An open unoccupied space on the same lot with a building, situated between the
building and the side line of the lot, and extending through from the side street or from the front
yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side
line.
Single-family attached dwelling. A portion of an enclosed building having accommodations for
and occupied by only one family, attached to like units, which units may be sold individually
provided that the entire building meets all lot area, front yard, side yard, rear yard, height and
other zoning requirements.
Single-family detached dwelling. An enclosed building having accommodations for and occupied
by only one family, which building must of itself meet all the lot area, front yard, side yard, rear
yard, height and other zoning requirements.
Site plan. A map, drawing or chart showing the location of all existing and planned structures,
landscaping design, ingress and egress, parking, height of structures and/or any other elements or
design standards required by this ordinance or the town subdivision regulations and which has
been approved in accordance with the town subdivision regulations.
Specimen tree. A tree which has been determined by the town to be of high value because of its
type, size or other professional criteria, and which has been so designated as part of the official
records of the town.
Stable (private). A stable with a capacity for not more than four (4) horses, mules, or other
domestic animals.
Stadium. Any athletic field or stadium operated for the general public, including a baseball field,
or football field or stadium.
Storage. A space or place for storing and safekeeping of goods in a warehouse or other
depository.
Storage/utility building. A noncommercial structure that is secondary to the primary structure and
is used primarily for storage of garden and lawn equipment, tools, and miscellaneous household
items. This does not include the regular storage of material and goods intended to be sold or used
in connection with any business or commercial enterprise.
Story. That portion of a building between the surface of any floor and the surface of the floor next
to it, or if there be no floor above it, then the space between such floor and the ceiling next above.
Street. Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and
not designated as an alley.
Street, private. Any parcel of land designated and used specifically as a thoroughfare for
vehicular traffic, but not dedicated to the public.
Street, public dedicated. Any parcel of land dedicated to the public and used or which may be
used specifically as a thoroughfare.
Street right-of-way. A street, including its pavement and all the publicly owned property adjacent
to it, dedicated for street purposes.
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Structural alterations. Any change in the supporting members of a building, such as bearing
walls, columns, beams or girders.
Structure. That which is built, erected or constructed; an edifice or building of any kind, or any
piece of work built up or composed of parts joined together in some definite manner, including
parking lots.
Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to
constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be
restricted to include only the owner, equity owner, or authorized agent of such owner or equity
owner, of land to be subdivided.
Subdivision. A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for
the purpose, whether immediate or future, of sale, division of ownership or building development.
Subdivision includes resubdivision of land or lots which are part of a previously recorded
subdivision.
Swimming pool (commercial). A swimming pool with accessory facilities, not part of the
municipal or private recreational system, and not a private swim club, but where the facilities are
available to the general public for a fee.
Swimming pool (private). A swimming pool constructed for the exclusive use of the residents of a
one-family, two-family or multiple-family dwelling and located and fenced in accordance with
the regulations of the town.
Temporary field or construction office. A structure or shelter used in connection with a
development or building project for housing on the site of temporary administrative and
supervisory functions and for sheltering employees and equipment.
Town. The Town of Trophy Club, Texas.
Town engineer. The duly authorized person in charge of engineering for the town, or that
person’s designated representative.
Town planner. The duly authorized person in charge of planning for the town, or that person’s
designated representative.
Townhouse/townhome. A single-family attached dwelling unit on a separately platted lot which is
joined to another selling [dwelling] unit on one or more sides by a party wall or abutting walls
and occupied by not more than one family.
Tree. Any self-supporting woody perennial plant which has a trunk diameter of three inches (3")
or more when measured at a point four and one-half feet (4-1/2') above ground level and which
normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1)
main stem or trunk and many branches. It may appear to have several stems or trunks as in
several varieties of oak.
Triplex. A moderate density use and shall mean a detached building containing three (3) single-
family attached dwelling units.
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Use. The purpose for which land or buildings are or may be occupied in a zoning district.
Utility distribution lines. Facilities which serve to distribute and transmit electrical power, gas,
and water, including but not limited to electrical transmission lines, gas transmission lines, and
metering stations.
Variance. Relief from or variation of the provisions of these regulations, other than the use
regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out
hereinafter in the powers and duties of the zoning board of adjustment.
Vinyl fence. A prefabricated fence made of PVC plastic that imitates a variety of fence designs,
including board, rail, picket, lattice, and wrought iron.
Wholesale business. A commercial use devoted to the sale of goods and commodities in large lots
to retail outlets and stores and manufacturers.
Width of lot. The horizontal distance between the side lot lines of a lot measured at right angles to
the depth or the same distance measured at the front building line.
Width of side yard. The least distance between a side wall of a building and the side line of the
lot.
Wrought iron. A manufactured metal fencing material designed to resemble hammered iron.
Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or
portion of a structure from the general ground level of the graded lot upward; provided, however,
that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
are not deemed to be obstructions if height limitations and requirements limiting obstruction of
visibility are observed.
Yard area. The front, side, and rear yard areas as required under the comprehensive zoning
ordinance and the zoning district requirements applicable thereto.
Yard, front. An open space, unoccupied space on a lot facing a street and extending across the
front of the lot between the side yard lines and being the minimum horizontal distance between
the street line and the principal building or any projection thereof other than the projection of
normal architectural features.
Yard, rear. The required rear yard is an open space unoccupied and unobstructed extending
across the rear of a lot from one side lot line to the other side lot line.
Yard, side. An open, unoccupied space on the same lot with a building situated between the
building and side line of the lot and extending through from the front yard to the required rear
yard. Any lot line not the rear line or a front line shall be deemed a side line.
Zoning district. A classification applied to any certain land area within the town stipulating the
limitations and requirements of land usage and development.
Zoning map. The official zoning map of the town together with all amendments thereto.
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(b) Amendments to the definitions in this section, or additional definitions to be added to this
section, may be made by the town council after receiving the recommendations and report of the
planning and zoning commission on such amendments or additions, and after a public hearing
before the town council, as provided by law. Public hearing before the planning and zoning
commission on any proposed amendment or addition to the definitions of this section shall be
held by the planning and zoning commission after such notice of such hearing shall have been
given by publication at least one time in a newspaper of general circulation in the town of the
time and place of such hearing at least fifteen (15) days prior to the date of such hearing.
(Ordinance 98-29, sec. IX, adopted 12/1/98; Ordinance 2000-06, sec. IX, adopted 3/21/00;
Ordinance 2002-28, sec. III, adopted 8/19/02; Ordinance 2003-28, sec. II, adopted 12/1/03;
Ordinance 2005-16, sec. 2, adopted 7/18/05; 2006 Code, ch. 13, sec. 2.02; Ordinance 2008-24,
sec. 2.01, adopted 9/8/08; Ordinance 2012-19 adopted 9/24/12)
Secs. 14.02.053–14.02.100 Reserved
Division 3. Establishment of Districts
Sec. 14.02.101 District classifications
The town is hereby divided into the following zoning districts, which districts are shown and
described on the zoning map of the town, which map is incorporated herein by this reference:
R-15 Single-Family Residential District: A zone designed to accommodate single-family
development on lots that are a minimum of 15,000 square feet in area.
R-12 Single-Family Residential District: A zone designed to accommodate single-family
development on lots that are a minimum of 12,000 square feet in area.
R-11 Single-Family Residential District: A zone designated to accommodate single-family
development on lots that are a minimum of 11,000 square feet in area.
R-10 Single-Family Residential District: A zone designed to accommodate single-family
development on lots that are a minimum of 10,000 square feet in area.
R-9 Single-Family Residential District: A zone designed to accommodate single-family
development on lots that are a minimum of 9,000 square feet in area.
R-8 Single-Family Residential District: A zone designed to accommodate single-family
development on lots that are a minimum of 8,000 square feet in area.
R-Fairway Village; R-Twenty in Trophy; R-Oak Hill; R-Oak Hill Patio; R-Summit: These are
zones designed to accommodate single-family residential areas already platted and either
developed or undeveloped on the date of adoption of this ordinance.
MH HUD-Code Manufactured Home and Industrialized Housing District: A zone designed to
provide adequate space and restrictions for the placement of HUD-code manufactured homes and
industrialized housing in the town within designated subdivisions. (This does not include mobile
homes as defined in this ordinance.) The MH District is also established to provide housing
densities compatible with existing and proposed neighborhoods by providing alternative housing
types both in construction and economy within the MH District.
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PD Planned Development District: A zone designed to accommodate development with a variety
of types of uses in accordance with a site plan.
NS Neighborhood Service District: A zone district designed to provide limited low impact service
type facilities to residential areas, and not including retail uses.
PO Professional Office: A zone district designed to provide for attractive, low to moderate
intensity office and professional uses.
CG Commercial General District: A zone designed to provide locations for local neighborhood
shopping and personal service needs of the surrounding area, to accommodate general retail
shopping and to accommodate low intensity business or professional offices that are designed and
sited to be compatible with nearby residential uses and which primarily provide services to
residents of the community.
CR Commercial Recreation District: A zone designed to accommodate development of privately
owned recreational areas and low intensity business offices that are directly related to and
designed and sited to be compatible with the recreational use.
GU Governmental Use District: A zone intended to apply to those lands where national, state or
local governmental activities are conducted and where title to such lands is held by a
governmental entity.
H Historic Landmark Designation District: A designation intended to apply to areas of historic,
architectural, archaeological or cultural importance or value which merit protection, enhancement
and preservation in the interest of the culture, prosperity, education and welfare of the public.
(Ordinance 98-29, sec. XI, adopted 12/1/98; Ordinance 2000-06, sec. XI, adopted 3/21/00; 2006
Code, ch. 13, sec. 3.01)
Sec. 14.02.102 Classification of new and unlisted properties
(a) Referral to planning and zoning commission. The planning and zoning administrator shall
refer the question concerning any new or unlisted use to the planning and zoning commission,
requesting an interpretation as to the zoning classification into which such use should be placed.
The referral of the use interpretation question shall be accompanied by a statement of facts listing
the nature of the uses and whether it involves dwelling activity, sales, processing, type of product,
storage, and amount and nature thereof, enclosed or open storage, anticipated employment,
transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration
likely to be generated and the general requirements of public utilities, such as water and sanitary
sewer.
(b) Assignment to use district. The planning and zoning commission shall consider the nature
and described performance of the proposed use and its compatibility with the uses permitted in
the various districts and determine the zoning district or districts within which the use should be
permitted.
(c) Recommendation to the town council. The planning and zoning commission shall transmit
its findings and recommendations to the town council as to the classification proposed for any
new or unlisted use. The town council shall, by ordinance, approve the recommendation of the
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planning and zoning commission or make such determination concerning the classification of
such use as it determines appropriate, based on its findings.
(Ordinance 98-29, sec. XII, adopted 12/1/98; Ordinance 2000-06, sec. XII, adopted 3/21/00; 2006
Code, ch. 13, sec. 3.02)
Sec. 14.02.103 Use table
The following table presents the zoning district classifications and the permitted and conditional
uses within those classifications:
Denotes a prohibited use
P Denotes a permitted use by right
C Denotes of [a] conditional use permit required
S Denotes a specific use permit required
District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU
(a) RESIDENTIAL
Caretaker or guard
residence C
Dwelling, duplex
Dwelling, manufactured
housing P
Dwelling, multifamily
apartment
Dwelling, mobile home
Dwelling, one-family
attached
Dwelling, one-family
detached P P P P P P P P P P P P
Family home C C C C C C C C C C C C
Home for
developmentally
disabled
P
Hotels
Motels
Nursing, rest and
convalescent home P
Recreational vehicle
campgrounds
Religious convent,
rectory, monastery P
Retirement home,
orphanage P
(b) RELIGIOUS AND
PHILANTHROPIC
Churches, temples and
synagogues C C C C C C C C C C C C P P P P P
Eleemosynary
institutions
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District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU
(c) EDUCATIONAL
Children’s day care
center and kindergarten P P
Junior colleges, colleges
and universities
Schools, private business
and professional P
Schools, primary and
secondary P P P P P P P P P P P P P P P P P
Schools, vocational,
technical and trade
(d) COMMUNITY
FACILITIES
Athletic field, stadium,
auditorium, gym P
Cemetery and
mausoleums P
Commercial swimming
pool P
Cultural buildings and
facilities C C C P
Golf course, clubhouse,
related facilities P
Gov. maint. bldg, storage
yards C C C
Municipal admin, public
service facilities P P P P P P P P P P P P P P P P P
Park, playground,
playlots, related facilities P P P P P P P P P P P P P P P P P
Privately owned and
operated playground C C C C C C C C C C C C C C C C C
Public animal pounds
and shelters
Public safety facilities P P P P P P P P P P P P P P P P P
Radio, television
microwave towers C C C C C C C C C C C C C C C C C
Social, recreational,
assembly bldgs. P P P
Tennis, handball,
racquetball clubs P
Utility facilities, garage,
storage bldg./yard C C
Utility facilities,
distribution lines P P P P P P P P P P P P P P P P P
Utilities facilities, energy
plant C C
Utility facilities, office P C C
(e) PROFESSIONAL
Accounting office P P
Admin., executive,
editorial office P P
Architectural, eng.,
planning office P P
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District Classifications Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU
Attorney’s office P P
Hospital
Insurance office P P
Extended stay surgery
center
Personal/family
counselor P P
Physician and/or dentist P P
Public secretary P P
(f) BUSINESS
Barber, beauty, styling
shops P P
Health, athletic shops P P P
Massage shops
Medical, dental,
chiropractic, optometry,
etc.
P P
Real estate office P P
Tanning salon P
Travel bureau or agency P P
Weight reduction studio P P P
(g) RETAIL
Art studio P
Art supply store P
Arts, crafts, hobby shops P
Bakery shops P
Bicycle shop P
Beer and wine sales (off-
premises consumption
only)
S S S S S S
Confectionary shop P
Dairy food shop P
Dance studio P
Drugstore, apothecary,
pharmacy P
Dry cleaners, pick-up
and drop-off P
Dry cleaning plan [plant]
Duplication and mailing
service P
Electrical goods and
fixtures P
Fabric and knitting shop P
Florist P
Grocery store P
Hardware store P
Household appliance
store P
Household furnishings,
fixtures P
Ice cream shop P
Jewelry, watch store P
Liquor store S
Music store P
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Permitted Uses District Classifications
R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU
Tanning salon P
Pawnshop P
Photograph service and
studio P P
Printing, publishing,
engraving P
Restaurant C C C
Restaurant, drive-in
Restaurant w/alcoholic
beverage sales C C C
Sale of mixed beverages
in restaurants by food
and beverage certificate
holders only
S S S S S S
Sporting goods store P P
Wallpaper, paint store P
Wearing apparel store P
(h) RECREATIONAL
Community center
(nonprofit) C C C C C C C C C C C C C C C C P
Country club, private P
Golf course P
Private health club P P P
Private stable P
Swimming pool (private
club) P
Swimming pool, tennis
court (nonprofit) C C C C C C C C C C C C C C C C P
Tennis court (private
residence) C C C C C C C C C C C C
(Ordinance 98-29, sec. XIII, adopted 12/1/98; Ordinance 2000-06, sec. XIII, adopted 3/21/00;
Ordinance 2002-28, sec. III, adopted 8/19/02; Ordinance 2003-28, sec. II, adopted 12/1/03;
Ordinance 2004-10, sec. II, adopted 3/1/04; Ordinance 2005-07, sec. II, adopted 4/18/05; 2006
Code, ch. 13, sec. 3.02; Ordinance 2011-17, sec. 2.01, adopted 5/2/11)
Secs. 14.02.104–14.02.150 Reserved
Division 4. District Regulations
Sec. 14.02.151 R-15 Single-Family District regulations
(a) Purpose. The purpose of the R-15 Single-Family District is to allow single-family detached
dwellings on lots of not less than fifteen thousand (15,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the
requirements set forth in this section.
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(c) Uses generally. In an R-15 Single-Family District no land shall be used and no building or
structure shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-15 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-15 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
fifteen thousand (15,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways, structures
or off-street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in
accordance with the town parkland dedication ordinance,
and other applicable ordinances.
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Area Description Area Regulations
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five
percent (35%) of the total lot area. Swimming pools and
spas shall not be included in determining maximum
building coverage.
(4) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be
2,500 square feet. Residences with more than one (1)
story shall have a minimum first floor area of 2,000
square feet. (including garage area).
(5) Depth of front yard** 30 feet minimum
(6) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street, provided, however,
that this requirement shall not apply where the rear yard
of a lot abuts a street which is contiguous to the
perimeter of the town.)
(7) Width of side yard** A minimum of twelve and one-half (12.5) feet; provided,
that the distance between buildings and structures on
contiguous lots remains a minimum of 25 feet, the width
of the side yard on one side may be reduced to not less
than 7.5 feet.
(8) Width of side yard
adjacent to side street
**20 feet minimum
(9) Width of lot 90 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
110 feet minimum (measured at front building line)
(11) Depth of lot 120 feet minimum (measured at front property lines)
(12) Depth of lot, cul-de-sac,
or corner lot
100 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
(g) Buffered area regulations. Whenever an R-15 Single-Family development is located
adjacent to an existing HUD-code manufactured home and industrialized housing district,
multifamily development or a nonresidential district, without any division such as a dedicated
public street, park or permanent open space, all principal buildings or structures shall be set back
a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall
contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage and [which] shall
have a minimum interior measurement of 21 feet by 22 feet.
(i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course.
Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(j) Off-street loading. No off-street loading is required in the R-15 District for residential uses.
Off-street loading for conditional uses may be required as determined by the planning and zoning
commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XIV, adopted 12/1/98; Ordinance 2000-06, sec. XIV, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.01)
Sec. 14.02.152 R-12 Single-Family District regulations
(a) Purpose. The purpose of the R-12 Single-Family District is to allow single-family detached
dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the
requirements set forth in this section.
(c) Uses generally. In an R-12 Single-Family District no land shall be used and no building or
structure shall be used for or converted to any use other than as set forth in section 14.02.103, Use
Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-12 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-12 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
twelve thousand (12,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways, structures or
off-street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in
accordance with the town parkland dedication ordinance,
and other applicable ordinances of the town.
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five (35)
percent of the total lot area. Swimming pools and spas
shall not be included in determining maximum building
coverage.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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Area Description Area Regulations
(4) Minimum floor area The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be in
accordance with the following:
Type of Structure Golf Course
Lots
All Other
Lots
One story residence 2,500 2,000
One and one-half story or
two story residence 2,500* 2,000*
Residence on corner lot 2,500* 2,500*
*Those residences with more than one (1) story shall have
a minimum first floor area of 2,000 square feet (including
garage area).
(5) Depth of front yard** 25 feet minimum
(6) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street; provided, however, that
this requirement shall not apply where the rear yard of a
lot abuts a street which is contiguous to the perimeter of
the town.)
(7) Width of side yard** A minimum of ten (10) feet; provided that the distance
between buildings and structures on contiguous lots
remains a minimum of 20 feet, the width of the side yard
on one side may be reduced to not less than 5 feet.
(8) Width of side yard
adjacent to side street**
20 feet minimum
(9) Width of lot 90 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
110 feet minimum (measured at front building line)
(11) Depth of lot 110 feet minimum (measured from front property line)
(12) Depth of lot, cul-de-sac
or corner lot
100 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(g) Buffered area regulations. Whenever an R-12 Single-Family development is located
adjacent to an existing HUD-code manufactured home and industrialized housing district,
multifamily development or a nonresidential district, without any division such as a dedicated
public street, park or permanent open space, all principal buildings or structures shall be set back
a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall
contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
(h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course.
Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(j) Off-street loading. No off-street loading is required in the R-12 Single-Family District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XV, adopted 12/1/98; Ordinance 2000-06, sec. XV, adopted 3/21/00; 2006
Code, ch. 13, sec. 4.02)
Sec. 14.02.153 R-11 Single-Family District regulations
(a) Purpose. The purpose of the R-11 Single-Family District is to allow single-family detached
dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the
requirements set forth in this section.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(c) Uses generally. In an R-11 Single-Family District no land shall be used and no building or
structure shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-11 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-11 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
twelve thousand (12,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways, structures
or off-street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in
accordance with the town parkland dedication ordinance,
and other applicable ordinances of the town.
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five (35)
percent of the total lot area. Swimming pools and spas
shall not be included in determining maximum building
coverage.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-41
Area Description Area Regulations
(4) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be
in accordance with the following:
Type of Structure Golf Course
Lots
All Other
Lots
One story residence 2,500 2,000
One and one-half story
or two story residence
2,500* 2,000*
Residence on corner lot 2,500* 2,500*
*Those residences with more than one (1) story shall
have a minimum first floor area of 1,100 square feet.
(5) Depth of front yard** 25 feet minimum
(6) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street; provided, however,
that this requirement shall not apply where the rear yard
of a lot abuts a street which is contiguous to the
perimeter of the town.)
(7) Width of side yard** A minimum of ten (10) feet; provided that the distance
between buildings and structures on contiguous lots
remains a minimum of 20 feet, the width of the side yard
on one side may be reduced to not less than 5 feet.
(8) Width of side yard
adjacent [to side street]
20 feet minimum
(9) Width of lot 90 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
110 feet minimum (measured at front building line)
(11) Depth of lot 110 feet minimum (measured from front property line)
(12) Depth of lot, cul-de-sac
or corner lot
100 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
(g) Buffered area regulations. Whenever an R-12 Single-Family development is located
adjacent to an existing HUD-code manufactured home and industrialized housing district,
multifamily development or a nonresidential district, without any division such as a dedicated
public street, park or permanent open space, all principal buildings or structures shall be set back
a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall
contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course.
Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(j) Off-street loading. No off-street loading is required in the R-11 Single-Family District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XVI, adopted 12/1/98; Ordinance 2000-06, sec. XVI, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.03)
Sec. 14.02.154 R-10 Single-Family District regulations
(a) Purpose. The purpose of the R-10 Single-Family District is to allow single-family detached
dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the
requirements set forth in this section.
(c) Uses generally. In an R-10 Single-Family District no land shall be used and no building or
structure shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, relating to permitted principal uses and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-10 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-10 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-43
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
ten thousand (10,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways, structures
or off-street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in
accordance with the town parkland dedication ordinance,
and other applicable ordinances of the town.
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five (35)
percent of the total lot area. Swimming pools and spas
shall not be included in determining maximum building
coverage.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-44
Area Description Area Regulations
(4) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be in
accordance with the following:
Type of Structure Golf Course
Lots
All Other
Lots
One story residence 2,250 2,000
One and one-half story or
two story residence
2,250* 2,000*
Residence on corner lot 2,250* 2,250*
*Those residences with more than one (1) story shall have
a minimum first floor area of 1,800 square feet (including
garage area).
(5) Depth of front yard** 25 feet minimum
(6) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street; provided, however,
that this requirement shall not apply where the rear yard
of a lot abuts a street which is contiguous to the perimeter
of the town.)
(7) Width of side yard** A minimum of ten (10) feet; provided that the distance
between buildings and structures on contiguous lots
remains a minimum of 20 feet, the width of the side yard
on one side may be reduced to not less than 5 feet.
(8) Width of side yard
adjacent to side street**
15 feet minimum
(9) Width of lot 80 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
95 feet minimum (measured at front building line)
(11) Depth of lot 100 feet minimum (measured from front property line)
(12) Depth of lot, cul-de-sac
or corner lot
100 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-45
(g) Buffered area regulations. Whenever an R-10 Single-Family development is located
adjacent to an existing HUD-code manufactured home and industrialized housing district,
multifamily development or a nonresidential district, without any division such as a dedicated
public street, park or permanent open space, all principal buildings or structures shall be set back
a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall
contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
(h) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(i) Garages. Attached garages shall not face any public dedicated right-of-way or golf course.
Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(j) Off-street loading. No off-street loading is required in the R-10 Single-Family District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XVII, adopted 12/1/98; Ordinance 2000-06, sec. XVII, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.04)
Sec. 14.02.155 R-9 Single-Family District regulations
(a) Purpose. The purpose of the R-9 Single-Family District is to allow single-family detached
dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the
requirements set forth in this section.
Town Council Page 949 of 1236 Meeting Date: February 9, 2016
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14-46
(c) Uses generally. In an R-9 Single-Family District no land shall be used and no building or
structure shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-9 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-9 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area
of nine thousand (9,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways,
structures or off-street parking area shall be devoted to
grass, trees, gardens, shrubs or other suitable landscape
material. In addition, all developments shall reserve
open space in accordance with the town parkland
dedication ordinance, and other applicable ordinances
of the town.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-47
Area Description Area Regulations
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five
(35) percent of the total lot area. Swimming pools and
spas shall not be included in determining maximum
building coverage.
(4) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be
in accordance with the following:
Type of Structure Golf Course
Lots
All Other
Lots
One story residence 2,000 1,800
One and one-half story
or two story residence 2,000* 1,800*
Residence on corner lot 2,000* 2,000*
*Those residences with more than one (1) story shall
have a minimum first floor area of 1,200 square feet.
(including garage area).
(5) Depth of front yard** 25 feet minimum
(6) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street; provided, however,
that this requirement shall not apply where the rear
yard of a lot abuts a street which is contiguous to the
perimeter of the town.)
(7) Width of side yard** A minimum of seven and one-half (7.5) feet; provided
that the distance between buildings and structures on
contiguous lots remains a minimum of 15 feet, the
width of the side yard on one side may be reduced to
not less than 5 feet.
(8) Width of side yard adjacent
to side street**
15 feet minimum
(9) Width of lot 85 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
70 feet minimum (measured at front building line)
(11) Depth of lot 110 feet minimum (measured from front property line)
(12) Depth of lot, cul-de-sac or
corner lot
90 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(g) Buffered area regulations. Whenever an R-9 Single-Family development is located adjacent
to an existing HUD-code manufactured home and industrialized housing district, multifamily
development or a nonresidential district, without any division such as a dedicated public street,
park or permanent open space, all principal buildings or structures shall be set back a minimum of
twenty (20) feet from the adjoining property line. The setback area shall contain landscape
improvements, fencing, berms or trees to adequately buffer adjoining uses.
(h) Garages. Attached garages shall not face any public dedicated right-of-way or golf course.
Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(j) Off-street loading. No off-street loading is required in the R-9 Single-Family District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XVIII, adopted 12/1/98; Ordinance 2000-06, sec. XVIII, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.05)
Sec. 14.02.156 R-8 Single-Family District regulations
(a) Purpose. The purpose of the R-8 Single-Family District is to allow single-family detached
dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed
incidental and accessory uses, in order to promote low population densities within integral
neighborhood units.
(b) Application. Lots in a subdivision legally approved and properly recorded in the Denton
County plat record prior to the effective date of this ordinance which do not meet the minimum
lot sizes and area requirements set forth in this section shall not be considered to be in violation of
said requirements and, for purposes of this section, shall be deemed to conform to the minimum
requirements required in this section.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(c) Uses generally. In the R-8 Single-Family District no land shall be used and no building or
structure shall be installed, erected for or converted to any other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-8 Single-Family
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-8 Single-Family
District in accordance with the regulations provided in section 14.02.301, Conditional
Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan for all nonresidential uses has been approved meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area
of eight thousand (8,000) square feet.
(2) Minimum open space All areas not devoted to buildings, walkways,
structures or off-street parking area shall be devoted to
grass, trees, gardens, shrubs or other suitable
landscape material. In addition, all developments shall
reserve open space in accordance with the town
parkland dedication ordinance, and other applicable
ordinances of the town.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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Area Description Area Regulations
(3) Maximum building
coverage
The combined area covered by all main and accessory
buildings and structures shall not exceed thirty-five
(35) percent of the total lot area. Swimming pools and
spas shall not be included in determining maximum
building coverage.
(4) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be
in accordance with the following:
Type of Structure Golf Course
Lots
All Other
Lots
One story residence 2,000 1,650
One and one-half story
or two story residence 2,000* 1,800*
Residence on corner lot 2,000* 2,000*
*Those residences with more than one (1) story shall
have a minimum first floor area of 1,100 square feet
(including garage area).
(5) Depth of front yard** 25 feet minimum
(6) Depth of rear yard** 20 feet minimum
(No rear yard shall face any street; provided, however,
that this requirement shall not apply where the rear
yard of a lot abuts a street which is contiguous to the
perimeter of the town.)
(7) Width of side yard** A minimum of five (5) feet each side
(8) Width of side yard
adjacent to side street**
15 feet minimum
(9) Width of lot 60 feet minimum (measured at front building line)
(10) Width of lot adjacent to
side street
75 feet minimum (measured at front building line)
(11) Depth of lot 100 feet minimum (measured from front property line)
(12) Depth of lot, cul-de-sac or
corner lot
85 feet minimum
**All required yards shall comply with section 14.02.255, Required Yards.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(g) Buffered area regulations. Whenever an R-8 Single-Family development is located adjacent
to an existing HUD-code manufactured home and industrialized housing district, multifamily
development or a nonresidential district, without any division such as a dedicated public street,
park or permanent open space, all principal buildings or structures shall be set back a minimum of
twenty (20) feet from the adjoining property line. The setback area shall contain landscape
improvements, fencing, berms or trees to adequately buffer adjoining uses.
(h) Garages. Attached garages are not permitted to face any public dedicated street for all lots
which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous
lots may have front entry attached garages. Attached garages are not permitted to face any side
street. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(j) Off-street loading. No off-street loading is required in the R-8 Single-Family District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(k) Masonry requirements. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar
characteristics may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XIX, adopted 12/1/98; Ordinance 2000-06, sec. XIX, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.06)
Sec. 14.02.157 R-FV Single-Family District regulations
(a) Purpose. The purpose of the R-Fairway Village Single-Family District is to allow single-
family detached dwellings on lots of not less than three thousand (3,000) square feet, together
with the allowed incidental and accessory uses, in order to promote medium population densities
within integral neighborhood units.
(b) Application. Lots within this district are located in Fairway Village (a subdivision legally
approved and properly recorded in the Denton County plat record prior to the effective date of
this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this
section, shall not be considered to be in violation of said lot size requirements and, for purposes
of this section, shall be deemed to conform to the minimum lot size required in this section.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(c) Uses generally. In an R-Fairway Village Single-Family District no land shall be used and
no building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-Fairway Village
Single-Family District in accordance with the regulations provided in section
14.02.253, Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-Fairway Village
Single-Family District in accordance with the regulations provided in section
14.02.301, Conditional Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat has been recorded in the official records of the county in
which the property is located. A site plan for all nonresidential uses must be provided meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area
of three thousand (3,000) square feet.
(2) Minimum open space All areas not devoted to buildings, structures or off-
street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material.
In addition, all developments shall reserve open space
in accordance with the town parkland dedication
ordinance, and other applicable ordinances of the
town.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-53
Area Description Area Regulations
(3) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall
be in accordance with the following:
Type of Structure Minimum Exterior Area
(in square feet)
One story residence 1,200
One and one-half story,
two story, two and one-
half story residences
1,500*
*Those residences with one and one-half stories or
greater shall have a minimum first floor area of 1,000
square feet.
(4) Depth of front yard 10 feet minimum (Lots 10, 12, through 17)
15 feet minimum (Lots 1 through 9, 11)
(5) Depth of rear yard 10 feet minimum
(6) Width of lot 40 feet minimum (measured at front building line)
(7) Depth of lot 70 feet minimum (measured at the midpoint of the
frontage)
*Those residences with one and one-half stories or greater shall have a minimum first floor
area of 1000 square feet.
(g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(h) Garages. Attached and detached garages shall not face a golf course. Detached garages
shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street loading. No off-street loading is required in the R-Fairway Village District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(j) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XX, adopted 12/1/98; Ordinance 2000-06, sec. XX, adopted 3/21/00; 2006
Code, ch. 13, sec. 4.07)
Sec. 14.02.158 R-TT Twenty in Trophy Single-Family District regulations
(a) Purpose. The purpose of the R-Twenty in Trophy Single-Family District is to allow single-
family detached dwellings on lots of not less than eight thousand (8,000) square feet, together
with the allowed incidental and accessory uses, in order to promote medium population densities
within integral neighborhood units.
(b) Application. Lots within this district are located in Twenty in Trophy (a subdivision legally
approved and properly recorded in the Denton County plat record prior to the effective date of
this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this
section shall not be considered to be in violation of said lot size requirements and, for purposes of
this section, shall be deemed to conform to the minimum lot size required in this section.
(c) Uses generally. In the R-Twenty in Trophy Single-Family District no land shall be used and
no building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-Twenty in Trophy
Single-Family District in accordance with the regulations provided in section
14.02.253, Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-Twenty in Trophy
Single-Family District in accordance with the regulations provided in section
14.02.301, Conditional Use Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat has been recorded in the official records of the county in
which the property is located. A site plan for all nonresidential uses must be provided meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, of this article,
no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height.
Town Council Page 958 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Chapter 14: Zoning
14-55
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area
of eight thousand (8,000) square feet.
(2) Minimum open space All areas not devoted to buildings, structures or off-
street parking area shall be devoted to grass, trees,
gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in
accordance with the town parkland dedication
ordinance, and other applicable ordinances of the town.
(3) Minimum floor area The minimum square footage of a dwelling unit,
exclusive of garages, breezeways and porches, shall be
in accordance with the following:
Type of Structure Minimum Exterior Area
(in square feet)
One story, [one] and one-
half story, two story, two
and one-half story
residences
1,800*
*Those residences shall have a minimum first floor
area of 1,000 square feet.
(4) Depth of front yard** 15 feet minimum
(5) Depth of rear yard** 15 feet minimum
(6) Width of side yard on [sic] 6 feet minimum one side only
(7) Width of side yard adjacent
to side street
10 feet minimum
(8) Width of lot 45 feet minimum (measured at front building line)
(9) Depth of lot 95 feet minimum (measured at the midpoint of the
frontage)
[**All required yards shall comply with section 14.02.255, Required Yards.]
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(h) Garages. Attached and detached garages shall not face a golf course. Detached garages
shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street loading. No off-street loading is required in the R-TT Twenty in Trophy District
for residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(j) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XXI, adopted 12/1/98; Ordinance 2000-06, sec. XXI, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.08)
Sec. 14.02.159 R-OH Oak Hill Single-Family District regulations
(a) Purpose. The purpose of the R-OH Oak Hill Single-Family District is to allow single-
family detached dwellings on lots of not less than eight thousand eight hundred (8,800) square
feet, together with the allowed incidental and accessory uses, in order to promote medium
population densities within integral neighborhood units.
(b) Application. Lots within this district are located in Oak Hill (a subdivision legally approved
and properly recorded in the Denton County plat record prior to the effective date of this
ordinance). Those lots which do not meet the minimum lot size requirements set forth in this
section shall not be considered to be in violation of said lot size requirements and, for purposes of
this section, shall be deemed to conform to the minimum lot size required in this section.
(c) Uses generally. In the R-Oak Hill Single-Family District no land shall be used and no
building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-Oak Hill Single-
Family District in accordance with the regulations provided in section 14.02.253,
Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-OH Oak Hill
Single-Family District in accordance with the regulations provided in section
14.02.301, Conditional Permit.
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14-57
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat has been recorded in the official records of the county in
which the property is located. A site plan for all nonresidential uses must be provided meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall be more than two and one-half (2-1/2) stories, nor exceed 40' feet in height as shown below:
Golf Course
Lots* Lakefront Lots*
Town and
Country View
Lots*
Town and
Country Lots*
Maximum height 30 ft. 30 ft. 30 ft. 35 ft.
Maximum stories 1-1/2 1-1/2 1-1/2 2-1/2
*Golf course lots shall refer to Lots 21 through 39 and Lots 67 through 72 of Replat of Trophy
Club Oak Hill; lakefront lots shall refer to Lots 40 through 43 of Replat of Trophy Club Oak Hill;
town and country view lots shall refer to Lots 44 through 60 and Lot 66 of Replat of Trophy Club
Oak Hill; and, town and county lots shall refer to Lots 61 through 65 of Replat of Trophy Club
Oak Hill.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
eight thousand eight hundred (8,800) square feet.
(2) Minimum open space All areas not devoted to buildings, structures or off-street
parking area shall be devoted to grass, trees, gardens,
shrubs or other suitable landscape material. In addition, all
developments shall reserve open space in accordance with
the town parkland dedication ordinance, and other
applicable ordinances of the town.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-58
Area Description Area Regulations
(3) Minimum floor area The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be in accordance
with the following:
Description of
Structure
Golf Course
Lots Lakefront Lots
Town and
Country View
Lots
Town and
Country Lots
1 story 2,500 2,500 2,500 2,000
1-1/2 story 2,500 2,500 2,500 2,500
2 story Prohibited Prohibited Prohibited 2,500
2-1/2 story Prohibited Prohibited Prohibited 2,500
Golf
Course
Lots*
Lakefront
Lots*
Town and
Country
View Lots
Town and
Country
Lots
(4) Depth of front yard, ft. 25 (1) 20 25 (2) 20 (3)
(5) Depth of rear yard, ft. 20 20 (4) 20 20
(6) Width of side yard on
each side, ft. 5 (5) 5 (5) 5 5
(7) Width of side yard
adjacent to street, ft. 20 (6) 20 15 –
(1) Front yard setback line shall be twenty (20)
feet for Lots 22 through 25, Lots 26 and 27,
and Lots 67 through 72.
(2) Front yard setback line shall be thirty (30) feet
on Lot 46; fifteen (15) feet for Lots 59, 60, and
66.
(3) Front yard setback line shall be twenty-five
(25) feet on Lot 61 and fifteen (15) feet on
Lots 64 and 65.
(4) Rear yard setback shall be forty-five (45) feet
on Lot 40.
(5) The northwest side lot line of Lot 24,
southwest side lot line of Lot 43, and northeast
side lot line of Lot 72 shall have a side yard
setback of fifteen (15) feet; the southwest side
lot line of Lot 27 and the northwest side lot
line of Lot 36 shall have a side yard setback of
twenty (20) feet; and the north side lot line of
Lot 42 shall have a side yard setback of ten
(10) feet.
(6) A side street setback line of fifteen (15) feet
shall be located on Lot 25.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-59
Area Description Area Regulations
(8) Width of lot 75 feet minimum (measured at front building line)
(9) Depth of lot 110 feet minimum (measured at the midpoint of the
frontage)
(g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(h) Garages. Attached garages shall not face any public right-of-way or a golf course. Detached
garages shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street loading. No off-street loading is required in the R-OH Oak Hill District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(j) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XXII, adopted 12/1/98; Ordinance 2000-06, sec. XXII, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.09)
Sec. 14.02.160 R-OHP Oak Hill Patio Single-Family District regulations
(a) Purpose. The purpose of the R-Oak Hill Patio Single-Family District is to allow single-
family detached dwellings on lots of not less than five thousand five hundred (5,500) square feet,
together with the allowed incidental and accessory uses, in order to promote medium population
densities within integral neighborhood units.
(b) Application. Lots within this district are located in the Oak Hill Patio (a subdivision legally
approved and properly recorded in the Denton County plat record prior to the effective date of
this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this
section shall not be considered to be in violation of said lot size requirements and, for purposes of
this section, shall be deemed to conform to the minimum lot size required in this section.
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Trophy Club Code of Ordinances Chapter 14: Zoning
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(c) Uses generally. In the R-OHP Oak Hill Patio Single-Family District no land shall be used
and no building shall be installed, erected for or converted to any use other than as set forth in
section 14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-OHP Oak Hill Patio
Single-Family District in accordance with the regulations provided in section
14.02.253, Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-OHP Oak Hill
Patio Single-Family District in accordance with the regulations provided in section
14.02.301, Conditional Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat has been recorded in the official records of the county in
which the property is located. A site plan for all nonresidential uses must be provided meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall be more than two (2) stories, nor exceed 28 feet in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
five thousand five hundred (5,500) square feet.
(2) Minimum open space All areas not devoted to buildings, structures or off-street
parking area shall be devoted to grass, trees, gardens, shrubs
or other suitable landscape material. In addition, all
developments shall reserve open space in accordance with
the town parkland dedication ordinance, and other
applicable ordinances of the town.
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Trophy Club Code of Ordinances Chapter 14: Zoning
14-61
Area Description Area Regulations
(3) Minimum floor area The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be in accordance
with the following:
Type of Structure
Minimum
Exterior Area
(in square feet)
Patio Lots
One [story] 1,500 1,200
One and one-half
story, two [story], two
and one-half story
residence
1,800 (3) 1,500 (2)
(1) Golf course patio lots shall refer to Lots 9 through 17
of Replat of Trophy Club Oak Hill; and, patio lots shall
refer to Lots 1 through 8 and 18 through 20 of Replat
of Trophy Club Oak Hill.
(2) Those residences with more than one (1) story shall
have a minimum first floor area of 1,000 square feet.
(3) These residences with more than one (1) story shall
have a minimum first floor area of 1,200 square feet.
Golf Course
Patio Lots (1) Patio Lots
(4) Depth of front yard 20 (2) 15 (2) ft. min.
(5) Depth of rear yard 20 ft. min. 20 ft. min.
(6) Width of side yard on
one side
8 (3) ft. min. 5 (3) ft. min.
(7) Width of side yard
adjacent to street
10 ft. min. 10 ft. min.
(1) Zero (0) building lines shall be referred to and located
as the northwest side lot lines of Lots 1 through 8; the
northeast side lot lines of Lots 9, 19, and 20; and the
northwest side lot line of Lots 12 through 17.
(2) Front yard setback line shall be ten (10) feet for Lots
10, 15, 16, and 17; and shall be fifteen (15) feet for
Lots 18 through 20.
(3) Front yard setback shall be eight (8) feet for Lots 18
and 19; fifteen (15) feet on Lot 9; and, ten (10) feet on
the northeast lot line of Lot 10.
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14-62
Area Description Area Regulations
(8) Width of lot 45 feet minimum (measured at front building line)
(9) Depth of lot 100 feet minimum (measured at the midpoint of the
frontage)
(g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(h) Garages. Attached and detached garages shall not face a golf course. Detached garages
shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street loading. No off-street loading is required in the R-Oak Hill Patio District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(j) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having at least eighty (80) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXIII, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.10)
Sec. 14.02.161 R-S Summit Single-Family District regulations
(a) Purpose. The purpose of the R-Summit Single-Family District is to allow single-family
detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet,
together with the allowed incidental and accessory uses, in order to promote medium population
densities within integral neighborhood units.
(b) Application. Lots within this district are located in the Summit (a subdivision legally
approved and properly recorded in the Denton County plat record prior to the effective date of
this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this
section shall not be considered to be in violation of said lot size requirements and, for purposes of
this section, shall be deemed to conform to the minimum lot size required in this section.
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(c) Uses generally. In the R-Summit Single-Family District no land shall be used and no
building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the R-Summit Single-
Family District in accordance with the regulations provided in section 14.02.253,
Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the R-Summit Single-
Family District in accordance with the regulations provided in section 14.02.301,
Conditional Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat has been recorded in the official records of the county in
which the property is located. A site plan for all nonresidential uses must be provided meeting the
conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall be more than two and one-half stories (2-1/2), nor exceed 40' feet in height.
(f) Area regulations. The following minimum standards shall be required measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for any permitted use shall have a minimum area of
(5,750) square feet.
(2) Minimum open space All areas not devoted to buildings, structures or off-street
parking area shall be devoted to grass, trees, gardens, shrubs
or other suitable landscape material. In addition, all
developments shall reserve open space in accordance with
the town parkland dedication ordinance, and other applicable
ordinances of the town.
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Area Description Area Regulations
(3) Minimum floor area The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be in accordance
with the following:
Type of Structure Minimum Exterior Area
(in square feet)
One, one and one-half story,
two and one-half story 1,500*
*Those residences with one and one-half stories or greater
shall have a minimum first floor area of 1,000 square feet.
(4) Depth of front yard 5 (1) feet minimum (Lots 10, 12, through 17)
(5) Depth of rear yard 15 (2) feet minimum
(6) Width of side yard 15 (3) feet minimum on one side
(7) Width of side [yard
adjacent to street]
15 (4) feet minimum
(1) The front yard setback line for Lot 6 shall be ten (10)
feet.
(2) The rear yard setback for Lots 7 through 15 and the
southernmost lot line of Lot 6 shall be twenty (20) feet;
and the rear yard setback for Lots 1 through 5 and the
westernmost lot line of Lot 6 shall be thirty (30) feet.
(3) The side yard line of each lot which has no building
setback line adjacent and parallel to it as shown on the
subdivision plat, shall be known as the “zero lot line.”
Side yard for Lots 14 and 15 shall be 20 ft.; the joint
side yard for Lots 6 and 7 shall be 7.5 ft.; and the joint
side yard line for Lots 9 and 10 and 11 and 12 shall be
5 ft.
(4) Side yards adjacent to streets shall be 20 ft. on Lots 14
and 15; shall be 10 ft. for Lot 7.
(8) Width of lot 45 feet minimum (measured at front building line)
(9) Depth of lot 105 feet minimum (measured midpoint of the frontage)
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(g) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage which shall have a
minimum interior measurement of 21 feet by 22 feet.
(h) Garages. Attached and detached garages shall not face a golf course. Detached garages
shall comply with section 14.02.253, Accessory Structures and Uses.
(i) Off-street loading. No off-street loading is required in the R-S Summit District for
residential uses. Off-street loading for conditional uses may be required as determined by the
planning and zoning commission and town council.
(j) Masonry requirement. All principal and accessory buildings and structures located in each
of the zoning districts herein shall be of exterior fire resistant construction having at least eighty
(80) percent of the total exterior walls, excluding doors, windows and porches, constructed of
brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco.
Other materials of equal characteristics may be allowed upon approval of the planning and zoning
commission.
(Ordinance 98-29, sec. XXIV, adopted 12/1/98; Ordinance 2000-06, sec. XXIV, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.11)
Sec. 14.02.162 MH HUD-Code Manufactured Home and Industrialized Housing District
regulations
(a) Purpose.
(1) The purpose of this district is to provide adequate space and restrictions for the
placement of HUD-code manufactured homes and industrialized housing in the town
within designated subdivisions. (This does not include mobile homes as defined in
this ordinance.) The “MH” District is also established to provide housing densities
compatible with existing and proposed neighborhoods by providing alternative
housing types both in construction and economy within the “MH” District. No HUD-
code manufactured home or industrialized housing shall be allowed on any parcel or
lot except on parcels or lots within the “MH” District.
(2) It is the intent of the “MH” HUD-Code Manufactured Home or Industrialized
Housing District to provide the maximum amount of freedom possible in the design
of such developments and the grouping and layout of homes within such
developments in order to provide amenities normally associated with planned
residential areas.
(b) HUD-code manufactured home/industrialized housing subdivision. Land within the “MH”
district will be developed as a HUD-code manufactured home or industrialized housing
subdivision. Lots within the MH district will be sold to private individuals in strict conformance
with the terms and conditions under which the subdivision was approved by the planning and
zoning commission. All roadways within a HUD-code manufactured home or industrialized
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housing subdivision shall be dedicated to the public. Private interior drives must be approved by
the town. Land zoned “MH” which is not developed as a HUD-code manufactured home or
industrialized housing subdivision may be developed as R-11, R-12, and R-15, so long as it is
developed in accordance with the regulations of said district. In such case, manufactured homes
or industrialized housing will not be permitted.
(c) Uses generally. In the “MH” HUD-Code Manufactured Home or Industrialized Housing
District no land shall be used and no building shall be installed, erected or converted to any use
other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the “MH” HUD-code
Manufactured Home and Industrialized Housing District in accordance with the
regulations provided in section 14.02.253, Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the “MH” HUD-Code
Manufactured Home and Industrialized Housing District in accordance with the
regulations provided in section 14.02.301, Conditional Permit.
(3) Limitation of uses.
(A) Garage sales are prohibited.
(B) Any use not expressly permitted or allowed by permit herein is prohibited.
(d) Site plan requirements. All properties within this district shall be contiguous and shall be
totally developed under a unified site plan. No application for a building permit for the
construction of a building or structure shall be approved unless a site plan has been approved
meeting the conditions as provided in section 14.02.259, Site Plan Requirements.
(e) Density regulations. A maximum density within the MH District shall not exceed one (1)
dwelling per lot and shall not exceed five (5) units per acre.
(f) Height regulations. No building constructed in a HUD-Code Manufactured Home or
Industrial Housing District shall exceed twenty-five (25) feet, or one (1) story in height.
(g) Area regulations. The following minimum standards shall be required, measured from
property lines:
Area Description Area Regulations
(1) Lot size Lots for permitted uses shall have a minimum area of seven
thousand five hundred (7,500) square feet of area.
(2) Minimum open space 60 feet minimum (measured at front building line) [sic]
(3) Minimum floor area 60 feet minimum (measured at front building line) [sic]
(4) Depth of lot 100 [feet] minimum (measured at midpoint of the frontage)
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Area Description Area Regulations
(5) Depth of front yard** 25 feet minimum
(6) Depth of side yard** Not less than fifteen (15) feet to any one side and no
building shall be closer than fifteen (15) feet to any adjacent
dwelling.
(7) Depth of rear yard** 25 feet minimum
(No rear yard shall face any street; provided, however, that
this requirement shall not apply where the rear yard of a lot
abuts a street which is contiguous to the perimeter of the
town.)
[**All required yards shall comply with section 14.02.255, Required Yards.]
(h) Landscaping requirements. Landscaping shall be required in accordance with section
14.02.352, Landscape Regulations.
(i) Underground utilities. All utility lateral and service lines located within the MH District
shall be installed underground in accordance with the requirements as provided in the subdivision
regulations as adopted by the town.
(j) Open space area. Open space designated for the use and enjoyment of all residents, shall be
provided within a HUD-code manufactured home or industrialized housing subdivision at the
ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred
(200) square feet for each additional unit in excess of twenty (20). Designated open space shall be
developed and maintained for recreational and leisure activities and shall be located within the
subdivision being developed.
(k) Development and installation standards.
(1) HUD-code manufactured homes and industrialized homes shall have the axles,
wheels, and tow bar or tongue removed and shall be secured to a permanent
foundation or footing and piers, all in accordance with manufacturer’s specifications.
(2) HUD-code manufactured homes must have a minimum of an eighteen-inch crawl
space left under all homes.
(3) A concrete or asphalt surface with good drainage shall cover the area where a home
is to be sited.
(4) It is recommended that each HUD-code manufactured home site have a slab or patio
not less than twenty feet in length and six feet in width, comprised of concrete,
flagstone, or similar substance, installed adjacent to each site.
(5) HUD-code manufactured homes shall have permanent steps installed at all exits.
(6) Skirting shall be securely attached on all sides between the HUD-code manufactured
home and the ground on all sides within thirty days of home installation. Skirting
materials shall consist of materials which are compatible with design of the home and
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enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or
lattice type skirting is prohibited.
(7) Construction, siting, and installation of the homes shall be in conformance with
applicable federal, state, and local codes and standards, and each HUD-code
manufactured home shall have affixed a seal of the appropriate federal or state
department.
(8) Sanitation, fire protection and underground utility services shall be provided to each
lot in accordance with the town and municipal utility district ordinances and
regulations.
(9) Ingress and egress to the property shall be provided in accordance with the
requirements of the town ordinance standards and regulations.
(10) Drainage and garbage collection right-of-way, fire lanes and utility easements shall
be provided as required by the town. Such can be accomplished by designating all
private interior drives within the project as easements for vehicular access and
service.
(11) Soil conditions, groundwater level, drainage, flooding, and topography shall not
create hazards to the developed portion of the property or the health and safety of the
residents.
(12) HUD-code manufactured home or industrialized housing subdivisions shall be
developed at densities reasonably comparable to adjacent residential uses or have
adequate landscape buffering or open space to provide transition of uses. Adequate
landscape buffering or open space for transition purposes shall be determined on an
individual site basis and shall be subject to approval of the town.
(13) Any structural alteration or modification of a HUD-code manufactured home or
industrialized home after it is placed on the site must be approved by the building
official of the town. All structural additions shall comply with the town’s building
codes and ordinances.
(14) Site-built additions. The addition of peaked roof facades, atrium entrances, garages,
porches and patios are encouraged in order to increase the compatibility with
conventional single-family housing design in the town.
(15) A carport or garage shall be constructed on-site. Said garage or carport shall be of
masonry construction and shall have roofing material similar to that permitted in the
R-12 District. The rear of the carport and one side perpendicular to the rear shall be
enclosed. Sides located adjacent to streets shall be enclosed.
(l) Interior drives.
(1) The use of private interior drives must be approved by the town. Such interior drives
shall have a minimum easement width of fifty (50) feet and shall have a minimum
paved roadway width of twenty-eight (28) feet.
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(2) Public interior streets shall be located within dedicated rights-of-way, and shall have
a minimum paved roadway width provided in accordance with the applicable
standards in the town subdivision regulations and design standards.
(m) Paving.
(1) All private interior drives, entrances, and service drives shall be constructed in
accordance with town design standards and shall have a six (6) inch raised curb and
gutter of concrete meeting the street standards of the town. The developer shall bear
the total cost of construction and maintenance of all such improvements, including
curb and drainage structures which may be needed.
(2) All parking areas and public streets shall be of concrete construction, as approved by
the town engineer.
(n) Off-street parking. Provisions for the parking of automobiles on paved surfaces shall be
allowed as an accessory use provided that such shall not be located on a required front yard, with
the exception being that a circular drive may be located in the front yard. Parking within a
circular drive shall be temporary and may not include permanent parking of recreational vehicles,
other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in
accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all
other applicable ordinances of the town. Every residence shall have a garage or carport which
shall have a minimum interior measurement of 21 feet by 22 feet.
(o) Garages. Attached garages shall not face any public dedicated right-of-way or the golf
course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.
(p) Screening. A solid, opaque screening wall or fence of not less than six (6) feet in height,
measured at the highest finished grade, shall be provided along all perimeter property lines of a
HUD-code manufactured home and industrialized housing subdivision which do not abut a
dedicated street, as indicated on the site plan. Said screening wall or fence shall be of a decorative
masonry construction. This requirement can be waived or modified if natural or man-made
physical features create an adequate separation or buffer from adjacent uses, as determined by the
town. However any request to waive this requirement shall be presented as an element of the site
plan and shall be subject to approval at that time only.
(q) Preservation of site assets. When developing a HUD-code manufactured home or
industrialized housing subdivision, the following steps shall be taken to preserve on-site assets.
(1) Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall
be preserved and protected where practicable in accordance with the town’s tree
preservation standards.
(2) Topsoil which is suitable and needed for later use in finished grading shall be
stripped from areas to be occupied by structures, parking areas, streets and
driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected
and stored on the site in convenient places for future use and shall be free of debris
during construction.
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(r) Water and sewer. Each HUD-code manufactured home or industrialized home space or lot
shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall
be submitted for review by the town, at the time of site plan approval.
(s) Drainage. Engineering plans for drainage shall be submitted for review by the town at the
time of site plan approval. All applicable requirements of the town shall be complied with.
(t) HUD-code manufactured home or industrialized housing sales. HUD-code manufactured
home or industrialized housing subdivisions shall be for residential purposes only. Sales of these
homes shall be limited to those which become available on the market on an individual basis.
Commercial sales and promotion are not permitted.
(Ordinance 98-29, sec. XXV, adopted 12/1/98; Ordinance 2000-06, sec. XXV, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.12)
Sec. 14.02.163 PD Planned Development District regulations
(a) Purpose. In certain instances, the purposes of the zoning ordinances may be achieved by the
development of planned units which do not conform in all respects with the land use pattern
designated on the zoning map or the district regulations prescribed by this ordinance or the
subdivision regulations. A planned development (PD) is on tracts of land of not to exceed 250
acres and may include a combination of different dwelling types and/or a variety of land uses
which creatively complement each other and harmonize with existing and proposed land uses in
the vicinity. The purpose of the district is to encourage creative development of the land, provide
locations for well-planned comprehensive developments, and provide for variety and flexibility in
the development patterns of the town which promote the health, safety, morals and general
welfare of the community. The town council is empowered to grant permits for planned
developments only after review and recommendation by the planning and zoning commission
under the procedure established herein.
(b) Planned development uses. In a PD Planned Development District, no land shall be used
and no building shall be installed, erected for, or converted to any use other than as hereinafter
provided.
(1) Residential planned developments. Shall be considered appropriate where the
following conditions prevail:
(A) The project utilizes innovative land development concepts and is consistent
with the comprehensive land use plan and the goals and objectives of the town;
(B) Dwelling units are situated such that an appreciable amount of land for open
space is available and is integrated throughout the planned development;
(C) The project utilizes an innovative approach in lot configuration and mixture of
single-family housing types;
(D) Higher densities than conventional single-family projects of the same acreage
are achievable with appropriate buffering between existing conventional
single-family developments and increased open space;
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(E) The site exhibits environmentally natural features which should be considered
for preservation and/or enhancement;
(F) Aesthetic amenities may be provided in the planned development design which
are not economically feasible to provide in conventional single-family projects;
and
(G) The project provides a compatible transition between adjacent existing
conventional single-family residential projects and provides a compatible
transition for the extension of future conventional single-family projects into
adjacent undeveloped areas.
(2) Nonresidential planned developments. Shall be considered appropriate where the
following conditions prevail:
(A) The project utilizes innovative land development concepts and is consistent
with the comprehensive land use plan and the goals and objectives of the town.
(B) Nonresidential uses are situated such that an appreciable amount of land is
available for open space or joint use as parking space and is integrated
throughout the planned development.
(C) The site exhibits environmentally natural features which should be considered
for preservation and/or enhancement.
(D) Aesthetic amenities may be provided in the planned development design which
are not economically feasible to provide in conventional nonresidential
projects.
(E) The project provides a compatible transition between adjacent existing single-
family residential projects and provides a compatible transition for the
extension of future single-family projects into adjacent undeveloped areas.
(3) Accessory uses. Accessory uses shall be permitted in a PD in accordance with the
regulations provided in section 14.02.253, Accessory Structures. Any accessory use
permitted within the residential districts of the town shall be permitted as accessory
uses to a principal use provided that no accessory use shall be a source of income to
the owner or occupant of the principal use.
(4) Conditional uses. Any conditional uses as defined in section 14.02.301, Conditional
Permit, shall be permitted in the PD, Planned Development District.
(5) Prohibited uses.
(A) Any building erected or land used for other than the use shown on the planned
development site plan, as approved by the town council.
(B) Any use of property that does not meet the required minimum lot size; front,
side and rear yard dimensions; and/or lot width, or exceeds the maximum
height, building coverage or density per gross acreage as shown in the
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development’s recorded planned development site plan, as approved by town
council.
(C) Any use deemed by the town council as being detrimental to the health, safety,
or general welfare of the citizens of the town.
(c) Density, area and height regulations. The following density, area and height regulations
shall apply:
(1) Density, area and height regulations for each use shall meet or exceed the maximum
and minimum standards applicable to such uses as if those uses were situated in the
least restrictive district in which such uses are permitted or as listed in this section, or
demonstrate that the intent of the standards has been met in accordance with good
planning practices.
(2) Modification of the density, area and height regulations contained in this ordinance
may be allowed by the planning and zoning commission and the town council when
all of the following circumstances are met:
(A) The proposed modifications substantially meet the intent of this ordinance, the
subdivision regulations and the comprehensive plan.
(B) The proposed modification provides for better project design.
(C) The combination of different dwelling types and/or the variety of land uses in
the development will complement each other and will harmonize with existing
and proposed land uses in the vicinity.
(D) The development will not generate more traffic than the streets in the vicinity
can carry without congestion and the development will not overload utilities as
determined by the town engineer/planner.
(E) Financial reasons shall not be the sole reason for modification of standards.
(3) (A) In approving the planned development ordinance and planned development site
plan, the town council shall, after recommendation by the planning and zoning
commission, specify such land uses, maximum height, area restrictions,
density, minimum off-street parking and loading standards, setbacks, site
coverage, building spacing, access, screening walls or landscaping, building
area, open space pedestrian ways, public or private streets, alleys, and other
development and protective requirements considered necessary to protect the
health, safety and general welfare, and to create a reasonable transition to and
protection from property adjacent to a planned development district. Such
standards shall be specified in the ordinance establishing the district, and in the
planned development site plan, which shall be made a part of the ordinance
establishing the district.
(B) Approval of the ordinance, resulting in a PD designation being given to the
property, may not occur without the planned development site plan or specific
regulations being provided at the time of initial approval. However, conditional
to the development of PD zoned property is the requirement that the planned
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development site plan and specific density, area, and height regulations must be
approved by the town council prior to issuance of a building permit by the
town.
(d) Ownership. An application for approval of a planned development site plan under the
planned development district regulations may be filed by a person having a legal interest in the
property to be included in the planned development site plan. In order to ensure unified planning
and development of the property, the applicant shall provide evidence, in form satisfactory to the
town attorney, prior to final approval of the planned development site plan, that the property is
held in single ownership or is under single control. Land shall be deemed to be held in single
ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a
trust, or a joint venture. The planned development site plan shall be filed in the name(s) of the
record owner(s) of the property, which shall be included in the application.
(e) Development schedule.
(1) An application for a planned development district shall be accompanied by a
development schedule indicating the approximate date on which construction is
expected to begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the town council, shall become
part of the planned development ordinance and shall be adhered to by the owner,
developer, and their assigns or successors in interest.
(2) Annually, upon the anniversary date, or more frequently if required, the developer
shall provide a written report to the planning and zoning commission concerning the
actual development accomplished as compared with the development schedule.
(3) The planning and zoning commission may, if in its opinion the owner or owners of
the property are failing or have failed to meet the approved development schedule,
initiate proceedings to amend the official zoning map or the planned development
district by removing all or part of the planned development district from the official
zoning map and placing the area involved in another appropriate zoning district.
After the recommendation of the planning and zoning commission and for good
cause shown by the owner and developer, the town council may extend the
development schedule as may be indicated by the facts and conditions of the case.
(f) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat, meeting all requirements of the town, has been approved
by the town council and recorded in the official records of the county in which the property is
located.
(g) Concept plan. The applicant for any PD planned development shall submit a concept plan
to the planning and zoning commission and the town council for approval prior to submitting a
planned development site plan. The concept plan shall contain appropriate information to
describe the general land use configuration, proposed densities or lot sizes, proposed amenities,
and proposed area regulations.
(h) Planned development site plan. No applicant shall be granted development approval and no
building permit shall be issued until a planned development site plan has been approved by the
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town council in accordance with this section. The following items shall be shown on the planned
development site plan:
(1) The location of all existing and planned non-single-family structures on the subject
property.
(2) Landscaping lighting and/or fencing and/or screening of common areas.
(3) General locations of existing tree clusters, providing average size and number and
indication of species.
(4) Location and detail of perimeter fencing if applicable.
(5) Design of ingress and egress with description of special paver treatment if proposed.
(6) Off-street parking and loading facilities, and calculations showing how the quantities
were obtained for all non-single-family purposes.
(7) Height of all non-single-family structures.
(8) Proposed uses.
(9) The location and types of all signs, including lighting and heights, for parking lots
and common areas.
(10) Elevation drawings citing proposed exterior finish materials for all non-single-family
structures.
(11) Location and description of subdivision signage and landscaping at entrance areas.
(12) Street names on proposed streets.
(13) Proposed water, wastewater collection, and storm sewer lines; proposed grading and
drainage patterns.
(14) Engineering drawings of all improvements to be dedicated to the town or MUD if the
property is not to be final platted or if engineering drawings have not been previously
submitted for the site. If the property is to be final platted, these may be provided at
that time.
(15) Such additional terms and conditions, including design standards, as the planning and
zoning commission and the town council deem necessary.
(Ordinance 98-29, sec. XXVI, adopted 12/1/98; Ordinance 2000-06, sec. XXVI, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.13)
Sec. 14.02.164 NS Neighborhood Service District regulations
(a) Purpose. The purpose of the NS Neighborhood Service District is to provide limited low
impact service type facilities to residential areas. Services permitted in this district do not involve
retail activity. The uses allowed in these districts should not have an adverse effect on adjacent
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residential areas, and may be located close to residential uses, with appropriate buffers and
landscaping.
(b) Uses generally. In a NS Neighborhood Service District, no land shall be used and no
building or structure shall be installed, erected for or converted to any use other than as set forth
in section 14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the NS Neighborhood
Service District in accordance with the regulations provided in section 14.02.253,
Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the NS Neighborhood
Service District in accordance with the regulations provided in section 14.02.301,
Conditional Permit.
(3) Limitation of uses. Any use not expressly permitted herein or allowed by permit is
prohibited.
(c) Plan requirements. No application for a building permit for the construction, erection or
placement of a building or structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan has been approved meeting the conditions as provided in
section 14.02.259, Site Plan Requirements.
(3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping
Regulations, has been approved.
(d) Density regulations. None.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building or
structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or
contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height.
(f) Area regulations. The following minimum standards shall be required, measured from
property lines:
Area Description Area Regulations
(1) Minimum open space At least twenty percent (20%) of the total lot area
shall be devoted to non-vehicular open space. (Non-
vehicular open space is any area not devoted to
buildings, parking, load, storage, or vehicular use.)
(2) Maximum building coverage The combined area covered by all main and
accessory buildings and structures shall not exceed
sixty percent (60%) of the total lot area.
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Area Description Area Regulations
(3) Maximum impervious area The combined area occupied by all buildings,
structures, off-street parking and paved areas shall
not exceed eighty percent (80%) of the total lot area.
(4) Depth of front yard 30 feet minimum
(5) Depth of rear yard 30 feet minimum
(No rear yard shall face any street.)
(6) Width of side yard on each
side
15 feet minimum
*All required yards shall comply with section 14.02.255, Required Yards.
(g) Buffered area regulations. Whenever a NS Neighborhood Service development is located
contiguous to an existing residential development or an area zoned for residential purposes, all
principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining
property line. The setback area shall contain landscape improvements, fencing, berms or trees to
provide visual and acoustical privacy and to adequately buffer adjoining uses.
(h) Off-street parking. Off-street parking shall be provided in accordance with the provisions of
section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the
town.
(i) Off-street loading. Off-street loading shall be provided as required by section 14.02.354,
Off-Street Loading Requirements.
(j) Landscaping requirements. Landscaping shall be required in accordance with section
14.02.352, Landscaping Regulations.
(k) Design requirements. The following design requirements shall apply in the NS
Neighborhood Service District:
(1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal
areas shall be landscaped and screened from view.
(2) Mechanical and electrical equipment, including air conditioning units, shall be
designed, installed and operated to minimize noise impact on surrounding property.
All such equipment shall be screened from public view.
(3) Lighting shall be designed to reflect away from any adjacent residential area.
(l) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having one hundred (100) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
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chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXVII, adopted
3/21/00; 2006 Code, ch. 13, sec. 4.14)
Sec. 14.02.165 CG Commercial General District regulations
(a) Purpose. The purpose of the CG Commercial General District is to provide locations for
local neighborhood shopping and personal service needs of the surrounding area, to accommodate
general retail shopping and to accommodate low intensity business or professional offices that are
designed and sited to be compatible with nearby residential uses and which primarily provide
services to residents of the community.
(b) Uses generally. In a CG Commercial General District, no land shall be used and no
building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following. Hours of operation for the uses set
forth in section 14.02.103, Use Tables, shall be no longer than from 6:00 a.m. to 11:00 p.m.
Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of
any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or
other sales.
(1) Accessory uses. Accessory uses shall be permitted within the CG Commercial
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the CG Commercial
District in accordance with the regulations provided in section 14.02.301, Conditional
Permit.
(3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is
prohibited.
(c) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan has been approved meeting the conditions as provided in
section 14.02.259, Site Plan Requirements.
(3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping
Regulations, has been approved.
(d) Density regulations. None.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or
contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height.
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(f) Area regulations. The following minimum standards shall be required, measured from
property lines:
Area Description Area Regulations
(1) Minimum open space At least twenty percent (20%) of the total lot area
shall be devoted to non-vehicular open space. (Non-
vehicular open space is any area not devoted to
buildings, parking, load, storage, or vehicular use.)
(2) Maximum building coverage The combined area covered by all main and accessory
buildings and structures shall not exceed sixty percent
(60%) of the total lot area. (For the purpose of this
section only, parking lots are not included as part of
the percentage coverage.)
(3) Maximum impervious area The combined area occupied by all buildings,
structures, off-street parking and paved areas shall not
exceed eighty percent (80%) of the total lot area.
(4) Depth of front yard 30 feet minimum
(5) Depth of rear yard 30 feet minimum
(No rear yard shall face any street.)
(6) Width of side yard on each
side
15 feet minimum each side
*All required yards shall comply with section 14.02.255, Required Yards.
(g) Buffered area regulations. Whenever a CG Commercial General Development is located
adjacent to an existing residential development or an area zoned for residential purposes, all
principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining
property line. The setback area shall contain only landscape improvements, fencing, berms or
trees to provide visual and acoustical privacy and to adequately buffer adjoining uses.
(h) Off-street parking. Off-street parking shall be provided in accordance with the provisions of
section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the
town. In addition, the following regulations shall apply:
(1) Parking lots shall be designed with compartmentalized parking lots for all areas of
over 50 spaces.
(2) Access to individual developments shall be obtained through mutual access and
cross-access drives on-site. Multiple driveway entrances for individual lots shall be
prohibited, unless it is determined that it is physically impossible to provide shared
access to the lot or if extenuating circumstances can be demonstrated and are
approved by the town council after recommendation by the planning and zoning
commission.
(3) Total driveway entrances shall not exceed 3 entrances for any development.
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(4) Driveways shall have a minimum separation of 150 feet.
(5) Parking spaces shall not be permitted within the building line setback areas. Drive
lanes shall only be permitted in building line setback area when crossing setback
area.
(6) There shall be a maximum of 12 consecutive spaces between islands with at least one
4" caliper tree in each island. Landscaping in the islands shall include a combination
of ground cover, shrubs, and flowering plants in addition to the required tree.
(7) A raised curb shall be required for all parking and driving surfaces.
(8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped
area. These curb stops shall be placed such that the overhang of a vehicle is contained
totally within the limits of the parking space.
(9) A traffic circulation plan and impact analysis shall be prepared and provided with the
site plan for all new development. The traffic impact analysis requirement may be
excluded from the site plan if the town engineer determines that the analysis is not
necessary for the development.
(10) All entrance drives shall be accented with decorative street treatment, and shall be
clearly detailed on the site plan.
(11) Paved parking areas shall have at least 10% of the paved surface area dedicated to
decorative street treatment as approved by the town planning and zoning
commission.
(12) Crosswalks, when provided, shall be marked similar to decorative street pavement.
(i) Off-street loading. Off-street loading shall be provided as required by section 14.02.354,
Off-Street Loading Requirements.
(j) Landscaping requirements. Landscaping shall be required in accordance with section
14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:
(1) A front setback area shall be devoted to a landscape buffer. Only drive crossings that
provide ingress and egress will be allowed.
(2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from
the ground and shall be 12 feet in height planted on 30-foot centers. In addition,
shrubs, berms, decorative walls, or a combination thereof, shall be provided between
the trees such that a screen of a minimum of three feet in height shall screen the
parking areas.
(k) Design requirements. The following design requirements shall apply in the CG District:
(1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal
areas shall be landscaped and screened from view with screening which is the same
as the architectural style of the main structure.
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(2) Mechanical and electrical equipment, including air conditioning units, shall be
designed, installed and operated to minimize noise impact on surrounding property.
All such equipment shall be screened from public view with screening which is the
same as the architectural style of the main structure. All ground-mounted equipment
shall be screened from view with masonry construction similar to the primary
structure. Line of sight drawings will be required to illustrate that adequate screening
is provided.
(3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations,
lamp type, and average maintained illumination of each fixture. Exterior lighting
fixtures shall not exceed a maximum height of 25 feet, measured from the adjacent
ground, shall direct light toward the ground, and shall be shielded. Alternatives may
be approved by the town council upon recommendation by the planning and zoning
commission on a case-by-case basis, when used to complement the architectural
character of the development. Lighting shall be designed to reflect away from any
adjacent residential area.
(4) On structures 5,000 square feet or less, pitched roof construction will be required. No
flat or built-up roof construction shall be permitted.
(5) Design of structures greater than 5,000 square feet shall include relief to walls and
roofs. Single uninterrupted surface-planes shall not be permitted. The roof of
structures may be a flat roof construction, but must provide a variation of roofline
which may include a partial pitched roof for architectural relief.
(6) Any canopy system must provide columns constructed of similar masonry material as
the primary structure.
(7) Uniform architectural treatment shall be provided to all sides of the structure.
(l) Masonry requirement.
(1) All principal and accessory buildings and structures shall be of exterior fire resistant
construction having one hundred (100) percent of the total exterior walls, excluding
doors, windows and porches, constructed of brick or stone including the area above
the first floor ceiling plate line.
(2) Painted tilt wall and painted concrete block shall not be permitted as finished
masonry material.
(3) Stucco shall be used only as an accent material subject to prior approval of P&Z.
(4) All exterior chimneys surfaces shall also be of brick, stone, or stucco.
(5) Other materials of equal characteristics, which are demonstrated to be critical to the
architectural theme of the structure, may be allowed upon approval of the planning
and zoning commission.
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(6) Masonry materials shall be of earth tones and shall be submitted to the planning and
zoning commission for recommendation and to the town council for approval. For the
purpose of this section, earth tones shall be understood to consist of darker and pastel
shades of the color spectrum, which may generally be found in the natural
environment. These colors shall not generally consist of the vibrants or fluorescents
of the color spectrum.
(m) Pedestrian circulation. The following design requirements shall apply in the CG District:
(1) Pedestrian connections shall access walkways within the development, shall be
landscaped, and shall include architectural features consistent with the character of
the development.
(2) Pedestrian connections among and between developments shall be provided and shall
be clearly indicated on the site plan.
(3) The site plan shall indicate future access between properties.
(4) The pedestrian connections shall access public open green space corridors, where
appropriate.
(n) Entry markers. The following design requirements shall apply in the CG District:
(1) Entry markers of monument type shall be located at each principal entrance to
developments in accordance with the established signage requirements of the town.
(2) Entry markers with double faces shall be located in medians in access drives.
(3) In locations with no median access drive, a single facing monument sign placed at the
entrance shall be mirrored on the other side of the entrance.
(o) Service areas. The following design requirements shall apply in the CG District:
(1) All service areas, including, but not limited to the location of loading docks, garages,
garbage disposal units, and truck parking, shall be completely screened from view.
(2) The centralized trash collection point shall not be located in any street yard.
(A) Street yard: Shall mean that area of land located between the structure and a
street right-of-way line of a front, side or rear lot line.
(3) All trash receptacles shall be screened with a masonry wall of material similar to the
main structure, with appropriate landscaping on three sides and shall have a screening
gate which shall remain closed except when being serviced.
(4) All trash receptacles shall be adequately sized to contain all trash at all times.
(p) Signs. The town sign ordinance shall govern regarding all signs located in the CG District.
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(q) Supplemental nonresidential requirements. Additional requirements for nonresidential uses
located within the CG district shall apply in accordance with section 14.02.352(h), Requirements
for Nonresidential Districts and Uses.
(Ordinance 98-29, sec. XXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXVIII, adopted
3/21/00; 2006 Code, ch. 13, sec. 4.15)
Sec. 14.02.166 CR Commercial Recreation District regulations
(a) Purpose. The purpose of the CR Commercial Recreation District is to accommodate and
allow development of privately owned recreation areas and low intensity commercial uses that
are directly related, designed and sited to be compatible with the recreational use.
(b) Uses generally. In a CR Commercial Recreation District, no land shall be used and no
building shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the CR Commercial
Recreation District in accordance with the regulations provided in section 14.02.253,
Accessory Structures.
(2) Conditional uses. Conditional uses may be permitted within the CR Commercial
Recreation District in accordance with the regulations provided in section 14.02.301,
Conditional Permit.
(3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is
prohibited.
(c) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless a plat, meeting all requirements of the town, has been approved
by the town council and recorded in the official records of the county in which the property is
located.
(d) Density requirements. None.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed 40' feet or two (2) stories in height.
(f) Minimum open space. All areas not devoted to buildings, structures or off-street parking
area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In
addition, all developments shall reserve open space in accordance with the town parkland
dedication ordinance and other applicable ordinances of the town.
(g) Buffered area regulations. Whenever a CR Commercial Recreation development is located
adjacent to a residentially zoned area, without any division such as a dedicated public street, park
or permanent open space, all principal buildings or structures shall be set back a minimum of
forty (40) feet from the adjoining property line. The setback area shall contain only landscape
improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately
buffer adjoining uses.
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(h) Site plan. A site plan has been approved meeting the conditions as provided in section
14.02.259, Site Plan Requirements.
(i) Landscaping requirements. Landscaping shall be required in accordance with section
14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:
(1) A front setback area shall be devoted to a landscaped buffer. Only drive crossing that
provides ingress and egress will be allowed.
(2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from
the ground and shall be 12 feet in height planted on 30-foot centers. In addition,
shrubs, berms, decorative walls, or a combination thereof, shall be provided between
the trees such that a screen of a minimum of three feet in height shall screen the
parking areas.
(j) Design requirements. The following design requirements shall apply:
(1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal
areas shall be landscaped and screened from view with screening which is the same
as the architectural style of the main structure.
(2) Mechanical and electrical equipment, including air conditioning units, shall be
designed, installed and operated to minimize noise impact on surrounding property.
All such equipment shall be screened from public view with screening which is the
same as the architectural style of the main structure. All ground-mounted equipment
shall be screened from view with masonry construction similar to the primary
structure. Line of sight drawings will be required to illustrate that adequate screening
is provided.
(3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations,
lamp type, and average maintained illumination of each fixture. Exterior lighting
fixtures shall not exceed a maximum height of 25 feet measured from the adjacent
ground, shall direct light toward the ground and shall be shielded. Alternatives may
be approved by the town council upon recommendation by the planning and zoning
commission on a case-by-case basis, when used to complement the architectural
character of the development. Lighting shall be designed to reflect away from any
adjacent residential area.
(4) On structures 5,000 square feet or less, pitched roof construction will be required. No
flat or built-up roof construction shall be permitted.
(5) Design of structures greater than 5,000 square feet shall include relief to walls and
roofs. Single uninterrupted surface-planes shall not be permitted. The roof of
structures may be a flat roof construction, but must provide a variation of roofline
which may include a partial pitched roof for architectural relief.
(6) Any canopy system must provide columns constructed of similar masonry material as
the primary structure.
(7) Uniform architectural treatment shall be provided to all sides of the structure.
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(k) Off-street parking. Off-street parking shall be provided in accordance with the provisions of
section 14.02.353, Off-Street Parking Requirements. In addition, the following regulations shall
apply:
(1) Parking lots shall be designed with compartmentalized parking lots for all areas of
over 50 spaces.
(2) Access to individual developments shall be obtained through mutual access and
cross-access drives on-site. Multiple driveway entrances for individual lots shall be
prohibited unless it is determined that it is physically impossible to provide shared
access to the lot or if extenuating circumstances can be demonstrated and are
approved by the town council after recommendation by the planning and zoning
commission.
(3) Total driveway entrances shall not exceed 3 entrances for any development.
(4) Driveways shall have a minimum separation of 150 feet.
(5) Parking spaces shall not be permitted within the building line setback areas. Drive
lanes shall only be permitted in building line setback area when crossing setback
area.
(6) There shall be a maximum of 12 consecutive spaces between islands with at least one
4" caliper tree in each island. Landscaping in the islands shall include a combination
of ground cover, shrubs, and flowering plants in addition to the required tree.
(7) A raised curb shall be required for all parking and driving surfaces.
(8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped
area. These curb stops shall be placed such that the overhang of a vehicle is contained
totally within the limits of the parking space.
(9) A traffic circulation plan and impact analysis shall be prepared and provided with the
site plan for all new development. The traffic impact analysis requirement may be
excluded from the site plan if the town engineer determines that the analysis is not
necessary for the development.
(10) All entrance drives shall be accented with decorative street treatment and shall be
clearly detailed on the site plan.
(11) Paved parking areas shall have at least 10% of the paved surface area dedicated to
decorative street treatment as approved by the town planning and zoning
commission.
(12) Crosswalks, when provided, shall be marked similar to decorative street pavement.
(l) Off-street loading. Off-street loading shall be provided in accordance with section
14.02.354, Off-Street Loading Requirements.
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(m) Masonry requirement.
(1) All principal and accessory buildings and structures shall be of exterior fire resistant
construction having one hundred percent (100%) of the total exterior walls, excluding
doors, windows and porches, constructed of brick or stone including the area above
the first floor ceiling plate line.
(2) Painted tilt wall and painted concrete block shall not be permitted as finished
masonry material.
(3) Stucco shall be used only as an accent material subject to prior approval of P&Z.
(4) All other chimneys surfaces shall also be of brick, stone, or stucco.
(5) Other materials of equal characteristics may be allowed upon approval of the
planning and zoning commission.
(6) Masonry materials shall be of earth tones and shall be submitted to the planning and
zoning commission for recommendation and to the town council for approval. For the
purpose of this section, earth tones shall be understood to consist of darker and pastel
shades of the color spectrum, which may generally be found in the natural
environment. These colors shall not generally consist of the vibrants or fluorescents
of the color spectrum.
(7) The town council upon either negative or positive recommendation from the planning
and zoning commission shall have the power to modify masonry regulations where
the literal enforcement of this ordinance would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the public
interest but would do substantial justice in accordance with the spirit of the
ordinance.
(A) For the purpose of this ordinance, the following are established as general
conditions, all of which shall be met upon granting any waiver or modification
to the masonry requirements as outlined in this section.
(i) No diminution value of surrounding properties would be suffered; and
(ii) Granting the permit would be of benefit to the public interest and
surrounding properties; and
(iii) A zoning restriction as applied to the owner’s property interferes with the
reasonable use of the property, considering the unique setting of the
property in its environment; and
(iv) By granting the permit, substantial justice would be done; and
(v) The use must not be contrary to the spirit of the ordinance.
(B) The burden of demonstrating all general conditions have been met and that a
modification is appropriate is upon the person requesting the modification. The
town council and planning and zoning commission may require a person
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requesting a modification to provide proof as each body determines necessary
and appropriate for the planning and zoning commission and the town council
to evaluate the application for modification.
(n) Pedestrian circulation. The following design requirements shall apply in the CR District:
(1) Pedestrian connections shall access walkways within the development, shall be
landscaped, and shall include architectural features consistent with the character of
the development.
(2) Pedestrian connections among and between developments shall be provided and shall
be clearly indicated on the site plan.
(3) The site plan shall indicate future access between properties.
(4) The pedestrian connections shall access public open green space corridors, where
appropriate.
(o) Entry markers. The following design requirements shall apply in the CR District:
(1) Entry markers of monument type shall be located at each principal entrance to
developments in accordance with the established signage requirements of the town.
(2) Entry markers with double faces shall be located in medians in access drives.
(3) In locations with no median access drive, a single facing monument sign placed at the
entrance shall be mirrored on the other side of the entrance.
(p) Service areas. The following design requirements shall apply in the CR District:
(1) All service areas, including but not limited to the location of loading docks, garages,
garbage disposal units, and truck parking, shall be completely screened from view.
(2) The centralized trash collection point shall not be located in any street yard.
(A) Street yard: Shall mean that area of land located between the structure and a
street right-of-way line of a front, side, or rear lot line.
(3) All trash receptacles shall be screened with a masonry wall of material, with
appropriate landscaping on three sides and shall have a screening gate which shall
remain closed except when being serviced.
(4) All trash receptacles shall be adequately sized to contain all trash at all times.
(q) Signs. The town sign ordinance shall govern regarding all signs located in the CR District.
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(r) Supplemental nonresidential requirements. Additional requirements for nonresidential uses
located within the CR District shall apply in accordance with section 14.02.352(h), Requirements
for Nonresidential Districts and Uses.
(Ordinance 98-29, sec. XXIX, adopted 12/1/98; Ordinance 2000-06, sec. XXIX, adopted 3/21/00;
Ordinance 2006-32, sec. II, adopted 9/11/06; 2006 Code, ch. 13, sec. 4.16; Ordinance adopting
Code)
Sec. 14.02.167 PO Professional Office District regulations
(a) Purpose. The purpose of the PO Professional Office District is to create a restrictive district
for attractive, low to moderate intensity office and professional uses. The uses allowed in these
districts should not have an adverse effect on adjacent residential areas, and may be located close
to residential uses, with appropriate buffers and landscaping.
(b) Uses generally. In a PO Professional Office District, no land shall be used and no building
or structure shall be installed, erected for or converted to any use other than as set forth in section
14.02.103, Use Tables, and in accordance with the following. Delivery and service calls are
allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted,
including but not limited to truck lot, pedestrian walkway, tent or other sales.
(1) Accessory uses. Accessory uses shall be permitted within the PO Professional Office
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the PO Professional
Office District in accordance with the regulations provided in section 14.02.301,
Conditional Permit.
(3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is
prohibited.
(c) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) Site plan. A site plan has been approved meeting the conditions as provided in
section 14.02.259, Site Plan Requirements.
(3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping
Regulations, has been approved.
(d) Density regulations. None.
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building or
structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or
contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height.
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(f) Area regulations. The following minimum standards shall be required, measured from
property lines:
Area Description Area Regulations
(1) Minimum open space At least twenty percent (20%) of the total lot area
shall be devoted to non-vehicular open space. (Non-
vehicular open space is any area not devoted to
buildings, parking, load, storage, or vehicular use.)
(2) Maximum building coverage The combined area covered by all main and
accessory buildings and structures shall not exceed
sixty percent (60%) of the total lot area. (For the
purpose of this section only, parking lots are not
included as part of the percentage coverage.)
(3) Maximum impervious area The combined area occupied by all buildings,
structures, off-street parking and paved areas shall
not exceed eighty percent (80%) of the total lot area.
(4) Depth of front yard 30 feet minimum
(5) Depth of rear yard 30 feet minimum
(No rear yard shall face any street.)
(6) Width of side yard on each
side
15 feet minimum
*All required yards shall comply with section 14.02.255, Required Yards.
(g) Off-street parking. Off-street parking shall be provided in accordance with the provisions of
section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the
town. In addition, the following regulations shall apply:
(1) Parking lots shall be designed with compartmentalized parking lots for all areas of
over 50 spaces.
(2) Access to individual developments shall be obtained through mutual access and
cross-access drives on-site. Multiple driveway entrances for individual lots shall be
prohibited unless it is determined that it is physically impossible to provide shared
access to the lot or if extenuating circumstances can be demonstrated and are
approved by the town council after recommendation by the planning and zoning
commission.
(3) Total driveway entrances shall not exceed 3 entrances for any development.
(4) Driveways shall have a minimum separation of 150 feet.
(5) Parking spaces shall not be permitted within the building line setback areas. Drive
lanes shall only be permitted in building line setback area when crossing setback
area.
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(6) There shall be a maximum of 12 consecutive spaces between islands with at least one
4" caliper tree in each island. Landscaping in the islands shall include a combination
of ground cover, shrubs, and flowering plants in addition to the required tree.
(7) A raised curb shall be required for all parking and driving surfaces.
(8) Curb stops shall be required on all parking spaces that “head-in” to any landscaped
area. These curb stops shall be placed such that the overhang of a vehicle is contained
totally within the limits of the parking space.
(9) A traffic circulation plan and impact analysis shall be prepared and provided with the
site plan for all new development. The traffic impact analysis requirement may be
excluded from the site plan if the town engineer determines that the analysis is not
necessary for the development.
(10) All entrance drives shall be accented with decorative street treatment and shall be
clearly detailed on the site plan.
(11) Paved parking areas shall have at least 10% of the paved surface area dedicated to
decorative street treatment as approved by the town planning and zoning
commission.
(12) Crosswalks, when provided, shall be marked similar to decorative street pavement.
(h) Off-street loading. Off-street loading shall be provided as required by section 14.02.354,
Off-Street Loading Requirements.
(i) Landscaping requirements. Landscaping shall be required in accordance with section
14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:
(1) A front setback area shall be devoted to a landscaped buffer. Only drive crossings
that provide ingress and egress will be allowed.
(2) The front landscape buffer shall contain trees of 4-inch caliper measured 12" from
the ground and shall be 12 feet in height planted on 30-foot centers. In addition,
shrubs, berms, decorative walls, or a combination thereof, shall be provided between
the trees such that a screen of a minimum of three feet in height shall screen the
parking areas.
(j) Design requirements. The following design requirements shall apply in the PO District:
(1) No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal
areas shall be landscaped and screened from view with screening which is the same
as the architectural style of the main structure.
(2) Mechanical and electrical equipment, including air conditioning units, shall be
designed, installed and operated to minimize noise impact on surrounding property.
All such equipment shall be screened from public view with screening which is the
same as the architectural style of the main structure. All ground-mounted equipment
shall be screened from view with masonry construction similar to the primary
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structure. Line of sight drawings will be required to illustrate that adequate screening
is provided.
(3) The site plan shall provide a lighting plan detailing the layout of fixtures, elevations,
lamp type, and average maintained illumination of each fixture. Exterior lighting
fixtures shall not exceed a maximum height of 25 feet measured from the adjacent
ground, shall direct light toward the ground and shall be shielded. Alternatives may
be approved by the town council upon recommendation by the planning and zoning
commission on a case-by-case basis, when used to complement the architectural
character of the development. Lighting shall be designed to reflect away from any
adjacent residential area.
(4) On structures 5,000 square feet or less, pitched roof construction will be required. No
built-up roof construction shall be permitted.
(5) Design of structures greater than 5,000 square feet shall include relief to walls and
roofs. Single uninterrupted surface-planes shall not be permitted. The roof of
structures may be a flat roof construction, but must provide a variation of roofline
which may include a partial pitched roof for architectural relief.
(6) Any canopy system must provide columns constructed of similar masonry material as
the primary structure.
(7) Uniform architectural treatment shall be provided to all sides of the structure.
(8) Any canopy system must provide columns constructed of similar masonry material as
the primary structure.
(9) Uniform architectural treatment shall be provided to all sides of the structure.
(k) Masonry requirement.
(1) All principal and accessory buildings and structures shall be of exterior fire resistant
construction having one hundred (100) percent of the total exterior walls, excluding
doors, windows and porches, constructed of brick or stone including the area above
the first floor ceiling plate line.
(2) Painted tilt wall and painted concrete block shall not be permitted as finished
masonry material.
(3) Stucco shall be used only as an accent material subject to prior approval of P&Z.
(4) All exterior chimneys surfaces shall also be of brick, stone, or stucco.
(5) Other materials of equal characteristics may be allowed upon approval of the
planning and zoning commission.
(6) Masonry materials shall be of earth tones and shall be submitted to the planning and
zoning commission for recommendation and to the town council for approval. For the
purpose of this section, earth tones shall be understood to consist of darker and pastel
shades of the color spectrum, which may generally be found in the natural
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environment. These colors shall not generally consist of the vibrants or fluorescents
of the color spectrum.
(l) Pedestrian circulation. The following design requirements shall apply in the PO District:
(1) Pedestrian connections shall access walkways within the development, shall be
landscaped, and shall include architectural features consistent with the character of
the development.
(2) Pedestrian connections among and between developments shall be provided and shall
be clearly indicated on the site plan.
(3) The site plan shall indicate future access between properties.
(4) The pedestrian connections shall access public open green space corridors, where
appropriate.
(m) Entry markers. The following design requirements shall apply in the PO District:
(1) Entry markers of monument type shall be located at each principal entrance to
developments in accordance with the established signage requirements of the town.
(2) Entry markers with double faces shall be located in medians in access drives.
(3) In locations with no median access drive, a single facing monument sign placed at the
entrance shall be mirrored on the other side of the entrance.
(n) Service areas. The following design requirements shall apply in the PO District:
(1) All service areas, including but not limited to the location of loading docks, garages,
garbage disposal units, and truck parking, shall be completely screened from view.
(2) The centralized trash collection point shall not be located in any street yard.
(A) Street yard: Shall mean that area of land located between the structure and a
street right-of-way line of a front, side or rear lot line.
(3) All trash receptacles shall be screened with a masonry wall of material, with
appropriate landscaping on three sides and shall have a screening gate which shall
remain closed except when being serviced.
(4) All trash receptacles shall be adequately sized to contain all trash at all times.
(o) Signs. The town sign ordinance [shall] govern regarding all signs located in the PO District.
(p) Supplemental nonresidential requirements. Additional requirements for nonresidential uses
located within the PO District shall apply in accordance with section 14.02.352(h), Requirements
for Nonresidential Districts and Uses.
(Ordinance 98-29, sec. XXX, adopted 12/1/98; Ordinance 2000-06, sec. XXX, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.17)
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Sec. 14.02.168 GU Government Use District regulations
(a) Purpose. The GU Governmental Use District is established to apply to those lands where
national, state or local governmental activities are conducted and where governments hold title to
such lands. Any lawful governmental activity is permitted in these districts. It is not intended to
classify all lands owned by government into this district, but only those lands particularly and
peculiarly related to the public welfare. It is generally intended to utilize this district to implement
the comprehensive master plan.
(b) Uses generally. In a GU Governmental Use District, no land shall be used and no building
shall be installed, erected for or converted to any use other than as set forth in section 14.02.103,
Use Tables, and in accordance with the following:
(1) Accessory uses. Accessory uses shall be permitted within the GU Governmental Use
District in accordance with the regulations provided in section 14.02.253, Accessory
Structures.
(2) Conditional uses. Conditional uses may be permitted within the GU Governmental
Use District in accordance with the regulations provided in section 14.02.301,
Conditional Use Permit.
(3) Limitation of uses. Any use not expressly permitted or allowed by permit herein is
prohibited.
(c) Plan requirements. No application for a building permit for the construction of a building or
structure shall be approved unless:
(1) A plat, meeting all requirements of the town, has been approved by the town council
and recorded in the official records of the county in which the property is located;
(2) A site plan has been approved meeting the conditions as provided in section
14.02.259, Site Plan Requirements; and
(3) A landscape plan, meeting the requirements of section 14.02.352, Landscaping
Regulations, has been approved.
(d) Density regulations. None
(e) Height regulations. Except as provided by section 14.02.254, Height Limits, no building
shall exceed 40' feet or two (2) stories in height.
(f) Area regulations. The yard requirements shall not be less than the requirements of the most
restrictive abutting property.
Area Description Area Regulations
(1) Lot size None.
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Area Description Area Regulations
(2) Minimum open space At least twenty percent (20%) of the total lot area
shall be devoted to non-vehicular open space. (Non-
vehicular open space is any area not devoted to
buildings, parking lots, storage, or vehicular use.) All
areas not devoted to buildings, structures or off-street
parking area shall be devoted to grass, trees, gardens,
shrubs or other suitable landscape material. In
addition, all developments shall reserve open space
in accordance with the town parkland dedication
ordinance and other applicable ordinances of the
town.
(3) Maximum building coverage The combined area covered by all main and
accessory buildings and structures shall not exceed
sixty percent (60%) of the total lot area.
(4) Maximum impervious area The combined area occupied by all buildings,
structures, off-street parking and paved areas shall
not exceed eighty percent (80%) of the total lot area.
(5) Minimum floor area None.
(6) Front, rear and side yards The yard requirements shall not be less than the
requirements of the most restrictive abutting
property. Required yards shall comply with section
14.02.255, Required Yards.
(g) Buffered area regulations. Whenever any conditional use that is allowable in the GU
Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not
less than forty (40) feet in depth shall be provided between the lot line and any building, structure
or activity area. All buildings, structures and loading or storage area shall be landscaped to
provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in
the buffer area and such area shall be provided in accordance with the provisions of section
14.02.351, Screening and Fencing.
(h) Off-street parking. Off-street parking shall be provided in accordance with section
14.02.353, Off-Street Parking Requirements.
(i) Off-street loading. No off-street loading is required in the GU District.
(j) Masonry requirement. All principal and accessory buildings and structures shall be of
exterior fire resistant construction having one hundred (100) percent of the total exterior walls,
excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior
chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics
may be allowed upon approval of the planning and zoning commission.
(Ordinance 98-29, sec. XXXI, adopted 12/1/98; Ordinance 2000-06, sec. XXXI, adopted 3/21/00;
2006 Code, ch. 13, sec. 4.18)
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Sec. 14.02.169 H Historic Landmark District regulations
(a) Historic landmark. Any zoning district designation appearing on the zoning district map
may be followed by the suffix “H” indicating a historic landmark subdistrict. Such historical,
architectural, archaeological or cultural structures of importance or value which merit protection,
enhancement, and preservation in the interest of the culture, prosperity, education and welfare of
the people shall be worthy of consideration for application for this district. The “H” designation
shall apply to those premises, lots, or tracts designated through the procedures set forth herein.
Additional uses may be permitted in any specific “H” subdistrict and shall be enumerated in the
ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property
except as provided in the ordinance establishing the subdistrict.
(b) Historic landmark - Defined. As used in this section, the term “Historic Landmark” shall
mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural
importance or value, which the town council determines shall be protected, enhanced, and
preserved in the interest of the culture, prosperity, education and welfare of the people.
(c) Declaration of policy. The town council hereby finds and declares as a matter of public
policy that the protection, enhancement[,] preservation and use of historic landmarks is a public
necessity and is required in the interest of the culture, prosperity, education and welfare of the
people.
(d) Historic landmarks - Designation. The town council may designate certain buildings, land,
areas and districts in the town as historic landmarks and define, amend and delineate the
boundaries thereof. The procedure to be followed to establish a historic landmark designation
shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land.
After all notice requirements of state zoning statutes V.T.C.A., Local Government Code, chapter
211, as amended, have been complied with and all required public hearings have been conducted
pursuant to said state statutes and this ordinance, and upon receipt of the planning and zoning
commission’s recommendation, the town council may designate the building, land, area or district
with the “H” suffix. The suffix “H” shall indicate the zoning subdistrict designation of those
buildings, land, areas and districts which the town council has designated historic landmarks.
Such designation shall be in addition to any other zoning district designation established in this
ordinance. All zoning district maps shall reflect the designation of a historical landmark
subdistrict by the letter “H” as a suffix.
(e) Historic landmarks - Criteria. In making an historic landmark designation as set forth in the
immediately preceding paragraph, the town council and the planning and zoning commission
shall consider one or more of the following criteria:
(1) Character, interest or value as part of the development, heritage or cultural
characteristic of the town, State of Texas or the United States;
(2) Identification with a person or persons who significantly contributed to the culture
and development of the town;
(3) Location as the site of a significant historic event;
(4) Exemplification of the cultural, economic, social or historical heritage of the town;
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(5) Relationship to other distinctive buildings, sites or areas which are eligible for
preservation according to a plan based on historical, cultural or architectural motif;
(6) Unique location of singular physical characteristics representing an established and
familiar visual feature of a neighborhood or community of the town; and
(7) Value as an aspect of community sentiment or public pride.
(f) Removal, demolition or substantial alteration of a historic landmark. No historic landmark
designated as such pursuant to the procedures set forth herein shall be demolished, removed,
altered, remodeled, razed or substantially reconstructed unless a permit for the same has been
issued by the town council. If an application for such a permit is received by the town secretary
for demolition, removal, razing or substantial reconstruction of any designated historic landmark,
the planning and zoning commission shall hold a public hearing, make findings of fact in each
situation, and make appropriate recommendations to the town council. No permit shall be issued
to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved
through all means available. The planning and zoning commission shall conduct a hearing within
30 days of receipt of the application by the town secretary. After the public hearing, the planning
and zoning commission shall recommend to the town council whether to grant or deny the
application.
(g) Council action. The town council shall consider the planning and zoning commission’s
recommendation within thirty days of passage of same. The town council, after conducting a
public hearing and taking into consideration all of the factors presented, may approve or
disapprove the application for a permit to demolish, remove, raze or substantially alter or
reconstruct. The council’s action shall be final.
(h) Present use not affected. Use classifications of all property included in a historic landmark
subdistrict shall continue to be governed by the comprehensive zoning ordinance of the town.
(i) Penalty. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate,
restore, demolish, raze or maintain any historic landmark in violation of this ordinance.
(Ordinance 98-29, sec. XXXII, adopted 12/1/98; Ordinance 2000-06, sec. XXXII, adopted
3/21/00; 2006 Code, ch. 13, sec. 4.19)
Secs. 14.02.170–14.02.250 Reserved
Division 5. Supplementary District Regulations
Sec. 14.02.251 Temporary uses
(a) Permitted uses. The following uses, which are classified as temporary uses, may be
permitted for a period of time by the town council, after recommendation by the planning and
zoning commission. Said period of time shall be determined at the time of approval but shall not
exceed the time limit for selected uses as provided herein.
(1) Carnivals.
(2) Circus.
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(3) Fairgrounds.
(4) Community festivals (not including community garage sales).
(5) Community garage sales, by special privilege, see subsection (e) of this section.
(6) Religious assemblies.
(7) Sports events.
(8) Political rallies.
(9) Concrete mixing or batching plant used temporarily by contractors during the
construction of public improvements or buildings and, in such cases, the period of
time for which the use is granted may be for a period of time provided in the contract
for completion of such public improvement or building, providing such temporary
use is renewed annually.
(10) Armed forces displays.
(11) Educational or informational displays.
(12) Temporary sales of merchandise by nonprofit organizations.
(13) Real estate sales offices (located in a permanent residential structure), but only during
the development of residential subdivisions, provided that such use shall not be
permitted for more than three (3) years.
(14) Off-street parking for model homes in residential districts, provided on one lot which
complies with all setback requirements of the district in which it is located for a time
period of not greater than one year. However, such temporary use may be renewed
annually.
(15) Construction office used temporarily by contractors during the construction of public
improvements or building and, in such cases, the period of time for which the use is
granted may be for a period of time provided in the contract for completion of such
improvement or building, providing such temporary use is renewed annually.
(16) Real estate offices (located in trailer or manufactured housing), but only for a time
period not to exceed six (6) months; however such uses may be renewed one (1)
time.
(b) Residential districts. A temporary use shall not be permitted nearer than two hundred fifty
(250) feet to a residentially zoned district except for subsection (a)(9) of this section which shall
not be located closer than one thousand (1,000) feet to a developed residential district.
(c) Temporary use permit. A permit for the temporary use of any property for the above-listed
uses shall be secured from the town planning and zoning administrator prior to such use, after
approval by the town council and after payment of all applicable fees.
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(d) Time period.
(1) Use of a parcel of property for any of the above listed uses for more than thirty (30)
days, except for concrete mixing or batching plants, and off-street parking for model
homes in a residential district, during any one year shall constitute a permanent use
and such parcel or property shall automatically again be subject to the district
regulations of the zoning district in which such parcel or property is located.
(2) Annual extensions of the temporary use permit may be issued by the zoning
administrator upon written request by the applicant.
(e) Community garage sale by special privilege. Upon approval by the town council, after
recommendation by the planning and zoning commission, a community garage sale shall be
permitted by special privilege to civic organizations or nonprofit organizations. Such events shall
not occur more than twice annually; and each event shall be one day in duration. Approval of said
special privilege shall be a condition to prior approval of operations of the event and the proposed
locations of the garage sale sites by the town department of public safety.
(Ordinance 98-29, sec. XXXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXIII, adopted
3/21/00; 2006 Code, ch. 13, sec. 5.01)
Sec. 14.02.252 Sale of alcoholic beverages
(a) Definitions. For the purposes of this ordinance, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
Alcoholic beverage. Alcohol, or any beverage containing more than one-half of one percent of
alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Applicant. A person who submits or files an original or renewal application with the town, the
county judge, or the Texas Alcoholic Beverage Commission for a license or permit.
Beer. A malt beverage containing one-half of one percent or more of alcohol by volume and not
more than four percent of alcohol by weight, and does not include a beverage designated by label
or otherwise by a name other than beer.
Commission. The Texas Alcoholic Beverage Commission.
Licensee. A person who is the holder of a license provided in the Texas Alcoholic Beverage
Code, as amended, or any agent, servant, or employee of that person.
Liquor. Any alcoholic beverage containing alcohol in excess of four percent by weight, unless
otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor,
wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie
evidence that it is liquor.
Liquor store. A business that sells alcoholic beverages for consumption off-premises. For the
purposes of this ordinance, the term “liquor store” shall exclude grocery stores or convenience
stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory
of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its
approved liquor license and all other provisions of this ordinance.
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Mixed beverage. One or more servings of a beverage composed in whole or part of an alcoholic
beverage in a sealed or unsealed container or [of] any legal size for consumption on the premises
where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary
mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours
permit, the holder of a private club registration permit, or the holder of a private club late hours
permit.
Off-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of
alcoholic beverages for off-premises consumption.
On-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of
alcoholic beverages for on-premises consumption.
Permittee. A person who is the holder of a permit provided for in the Texas Alcoholic Beverage
Code, as amended, or an agent, servant, or employee of that person.
Person. A natural person or association of natural persons, trustee, receiver, partnership,
corporation, organization, or the manager, agent, servant, or employee of any of them.
Premises. The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds,
including any adjacent premises if they are directly or indirectly under the control of the same
person.
Private school. A school maintained by private individuals, religious organizations or
corporations, not at public expense, and open only to pupils selected and admitted by the
proprietors or governors, or to pupils of a certain religious [religion] or possessing certain
qualifications, and generally supported, in part at least, by tuition, fees, or charges.
Public school. A school established under the laws of the state (and usually regulated in matters
of detail by local authorities), in the various districts, counties, or towns, maintained at the public
expense by taxation, and open, usually without charge, to the children of all the residents of the
city, town or other district. Schools belonging to the public and established and conducted under
public authority.
Restaurant. A place located in a permanent building provided with space and accommodations
wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and
served at noon and evening, as the principal business of the place. The term does not include
pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
Wine and vinous liquor. The product obtained from the alcoholic fermentation of juice of sound
ripe grapes, fruits, berries, or honey, and includes wine coolers.
(b) Prohibited sales. The sale of beer is not allowed in areas zoned for residential use, including
but not limited to PD Planned Development Districts approved exclusively for residential uses.
Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as
otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of
a church, public school or private school, or public hospital. Measurement of such distance shall
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be in accordance with the terms of this ordinance and the Texas Alcoholic Beverage Code, as
amended.
State law references–Authority of city to prohibit sale in residential areas, V.T.C.A., Alcoholic Beverage
Code, secs. 109.31, 109.32; sales near church, school or hospital, V.T.C.A., Alcoholic Beverage Code, sec.
109.33.
(c) Permits.
(1) Fees established. The annual permit fee for issuing a license or permit to operate,
conduct, and maintain a business establishment selling alcoholic beverages in the
town is:
(A) For stores with beer and wine sales for off-premises consumption only, and,
except as specifically exempted herein, for locations with mixed beverage
permits, the permit holder shall pay a fee equal to one-half (1/2) of the state fee
for such license and permit in effect at the time of the initial permit application
or renewal for the annual permit, as applicable. Such fee shall be in addition to
any applicable fee for a food and beverage certificate.
(B) Exemption. A mixed beverage permit is exempt from the payment of the fee
imposed by this subsection during the three-year period following the issuance
of the permit as specified in the Texas Alcoholic Beverage Code.
(C) Payment of fees.
(i) Term. The permit fee shall be collected when the application for such
permit is submitted. This permit shall be valid only for one year (365
days) from the date of its issuance, and if issued during the calendar year,
the fee shall be collected in full without reduction and shall be renewed
by the applicant annually thereafter during the time that such applicant is
engaged in the business of selling alcoholic beverages within the town.
Permit applications shall be filed with the planning and zoning
coordinator.
State law references–Local fee authorized on alcoholic beverage permits, V.T.C.A., Alcoholic Beverage
Code, sec. 11.38; local fee authorized on alcoholic beverage licenses, V.T.C.A., Alcoholic Beverage Code,
sec. 61.36.
(d) Zoning compliance required. No permit shall be granted under the terms of this ordinance
unless the location at which the business is sought to be established and maintained as [is] a
permitted use under the comprehensive zoning ordinance of the town as of or after the effective
date thereof.
(e) Business hours. It is unlawful for any person to sell, offer for sale, or deliver any beer,
wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as
amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as
amended.
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(f) Specific use permit.
(1) SUP required. Except as specifically provided herein, no persons shall manufacture,
sell, offer for sale, distribute or engage in any other activity for which a permit or
license is required by the Texas Alcoholic Beverage Code within the town without
first obtaining a specific use permit to do so from the town. All of the provisions of
the specific use permit procedure shall apply as per the town’s comprehensive zoning
ordinance, as amended. In the event of a conflict between the general regulations
governing specific use permits and the provisions contained in this section, the
provisions of this section shall control.
(2) SUP application. In order for a person to engage in the sale of alcoholic beverages, a
formal application for a SUP shall be filed with the planning and zoning coordinator
with the appropriate fee established by the town. The planning and zoning
coordinator shall process the application by submitting to the planning and zoning
commission for their review and recommendation to the town council for approval or
disapproval. The town council will consider and approve or disapprove the granting
of a SUP for the sale of alcoholic beverages.
(3) Compliance - On-premises sale and consumption. Compliance with town codes and
ordinances [is required] for on-premises sale and consumption of alcoholic beverages
as follows:
(A) Beer and wine only. A building utilized for the retail sale of beer and/or wine
for off-premises consumption only shall be inspected and shall comply with all
applicable local regulations, including but not limited to building codes, fire
codes, plumbing codes, electrical codes and ordinances.
(B) Mixed beverages by food and beverage certificate holders. A building utilized
for the retail sale of mixed beverages for on-premises consumption shall be
inspected and shall comply with all applicable local regulations, including but
not limited to building codes, fire codes, plumbing codes, electrical codes and
ordinances.
(C) Procedures prior to issuance of permit. Before any certification from the Texas
Alcoholic Beverage Commission or other documentation of approval is signed
by the town representative, such certificate or documentation shall be
submitted to the planning and zoning coordinator to assure:
(i) That the application complies with all provisions of this and all
applicable ordinances;
(ii) That a SUP application is officially filed with the payment of applicable
fees;
(iii) That proof is submitted that a representative of the Texas Alcoholic
Beverage Commission has approved the submittal of an application for
license; and
(iv) That the chief of police/director of public safety has reviewed the SUP
application.
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(4) Compliance - Off-premises consumption. Compliance with town codes and
ordinances is required for sale of alcoholic beverages for off-premises consumption
in a liquor store, and the specific use permit (SUP) application shall show
documentation of compliance with the following:
(A) Liquor store.
(i) That a SUP application for a liquor store is submitted in its entirety,
without omissions; and
(ii) That the application is officially filed with the payment of applicable
fees; and
(ii) That the application complies with all provisions of this and all
applicable ordinances; and
(iv) That the application complies with the following development
conditions:
a. A liquor store shall not have walk-up window access, and shall not
have drive-through or drive-up access.
b. A liquor store shall operate in premises that are not physically
completely separate from any other business and the exterior
design of the store shall show evidence of coordination with
contextual influences of neighboring properties in regard to
building setbacks, orientation, and relationship of structures to
each other and to the street. The layout of the site shall respect and
build upon the arrangement of buildings, open spaces and
landscape elements of adjacent sites.
(B) Additional development conditions. The council may attach additional
development conditions to the specific use permit that the council, in its
discretion, determines are appropriate for buffering, safety, security, and
compatibility for and to adjacent properties.
(g) Criteria and processing of SUP. The following general conditions apply to all specific use
permits (SUP) allowing: (i) the sale of beer and wine for off-premises consumption only, or (ii)
the sale of alcoholic beverages for off-premises consumption only, or (iii) the sale of mixed
beverages by food and beverage certificate holders only: (Ordinance 2011-17, sec. 2.05, adopted
5/2/11)
(1) The applicant must design and operate the establishment for which an SUP is sought
in such a manner that the proposed use or actual use of the premises shall not
substantially increase traffic congestion or create overcrowding in the establishment
or in the immediately surrounding area.
(2) The applicant must comply with applicable licensing and permit provisions of the
Texas Alcoholic Beverage Code, as amended from the date of the issuance of the
SUP by the town council.
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(3) As required, the applicant shall bear the burden of showing that the establishment
does not exceed the limitation on gross receipts from the sales of alcoholic beverages
applicable to its license and SUP. The applicant shall maintain accounting records of
the sources of its gross revenue and allow the town to inspect such records during
reasonable business hours.
(4) The applicant shall demonstrate that the granting of the SUP would not be
detrimental to the public health, safety and/or welfare of the citizens of the town.
(5) The applicant shall, at all times, provide an adequate number of employees for
security purposes to adequately control the establishment premises to prevent
incidents of drunkenness, disorderly conduct and raucous behavior. The applicant
shall consult with the chief of police/director of public safety who shall act in an
advisory capacity to determine the number of qualified employees necessary to meet
his/her obligation hereunder.
(6) The establishment shall provide adequate parking spaces to accommodate its
employees and patrons. Provided however, the number of parking spaces shall never
be less than those required for similar uses in that zoning district where the
establishment is located.
(7) The applicant shall operate the establishment in such a manner as to prevent
excessive noise, dirt, litter and odors in the establishment and in the surrounding area
and operate the establishment in such a manner as to minimize disturbance to
surrounding property owners and in compliance with all applicable town ordinances
and state laws.
(8) A specific use permit issued under this ordinance runs with the property and is not
affected by a change in the owner of [or] lessee of a permitted establishment;
provided however, that the owner or lessee to whom the premises has been
transferred shall within ten (10) business days of such transfer notify the planning
and zoning coordinator of such change in ownership or control of the premises for
which the SUP was issued.
(9) All specific use permits issued under this ordinance shall be further conditioned that
the same may be discontinued if the use for which the SUP was granted ceases to be
operated at the permitted location for a minimum period of six (6) continuous
months, or as otherwise provided for the revocation of SUPs, as outlined in the
comprehensive zoning ordinance, as amended.
(h) Denial of SUP. The town council may deny an SUP if it affirmatively determines that the
issuance of such SUP:
(1) Is incompatible with the surrounding uses or property; or
(2) Is detrimental or offensive to the neighborhood or contrary to the health, safety, and
general welfare of the town and its inhabitants; or
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(3) Is found to be in noncompliance with the development conditions outlined in the
“SUP Application–Liquor Store,” is found to be in noncompliance with the
requirements established by the town council pursuant to subsection (f)(4)(B) of this
section, or is found to be in noncompliance with any other town ordinances,
including without limitation failure to comply with any one or more of the provisions
of subsection (f)(4) of this section.
(i) Methods for determining distance measurement.
(1) Church or public hospital. The measurement of the distance between the place of
business where alcoholic beverages are sold and a church or public hospital shall be
along the property lines of the street fronts and from front door to front door, and in a
direct line across intersections.
(2) Public or private school. The measurement of distance between the place of business
where alcoholic beverages are sold and a public or private school shall be:
(A) In a direct line from the property line of the public or private school to the
property line of the place of business, and in a direct line across intersections;
or
(B) If the permit or license holder is located on or above the fifth (5th) story of a
multistory building, in a direct line from the property line of the public or
private school to the property line of the place of business, in a direct line
across intersections, and vertically up the building at the property line to the
base of the floor on which the permit or license holder is located.
(j) Exception to distance requirements. Upon receipt of a request, the planning and zoning
commission will consider and make a recommendation to the town council to consider an
exception to reduce the distance requirement contained in subsection (f) [(b)] above and the town
council shall take final action on such recommendation based upon the criteria specified
hereinbelow.
(1) A planning and zoning commission recommendation to reduce the distance
requirement and final action of the town council to allow such reduction shall be
based upon the following. The town council may allow an exception upon proof by
the applicant that he/she meets the following criteria: documented approval from
surrounding property owners within the distance requirements for which the
exception is sought; proof of preliminary approval from the Texas Alcoholic
Beverage Commission; a determination by council that the enforcement of the
regulations in a particular instance is not in the best interest of the public; and after
consideration of the health, safety and welfare of the public and the equities of such
regulation, the council determines that the exception is in the best interest of the
community.
(2) The town council shall have the authority to grant an exception under this section for
temporary special events after review and recommendation by the planning and
zoning commission. For such events, both the planning and zoning commission and
the town council shall consider: hours of the event, impact on surrounding area;
estimated number of participants; personal and property security; duration and other
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health, safety and welfare considerations as deemed appropriate and necessary by the
town council.
(3) No exception may be granted hereunder except after a public hearing for which
notice has been given to owners of real property within 300 feet (or 1,000 feet if
applicable) of the location of the proposed business or of the proposed location for
temporary special event. Such notice must be given not less than ten (10) days before
the date set for hearing.
(k) Exemption from SUP process for existing private club operations. All existing businesses
that, as of the effective date of this ordinance, operate and hold a permit from the Texas Alcoholic
Beverage Commission to operate as a private club and that operate legally under the town’s
comprehensive zoning ordinance shall be allowed to continue without obtaining an SUP from the
town as long as (i) the location of the business does not change; and (ii) the type of business or
the type of use from the location within that zoning district remains the same; and (iii) such use
continues to comply with all applicable ordinances of the town. Such establishments shall comply
with all other requirements of this ordinance and the ordinances of the town, including but not
limited to those regulations relating to permits and fees. At the time of application for a permit,
the applicant shall supply all pertinent information to the planning and zoning coordinator for
registering such use with the town as required by this ordinance.
(l) Possession or consumption prohibited in certain areas.
(1) Athletic fields, parks, or public areas. It shall be unlawful for any person to possess
an open alcoholic beverage container or consume any alcoholic beverage in any town
owned or controlled athletic field and all parking lots servicing such athletic fields
except as specifically approved by the town council, ordinance, or town council
approved policy which governs such conduct. It shall be unlawful for any person to
possess an open alcoholic beverage container or consume any alcoholic beverage, as
defined by the Texas Alcoholic Beverage Code in any town owned or controlled
park, including reserved area(s) within any park, playground, recreation center or any
other area in the town owned or used by the town and devoted to active or passive
recreation, including all planted expressways, all parking lots servicing parks and
public areas, parkways, triangles, and traffic islands maintained by the town except as
specifically approved by the town council, ordinance, or town council approved
policy which governs such conduct.
(2) Schools and school activities. It shall be unlawful for any person to possess an open
container or consume any alcoholic beverage on a public street, public alley, or
public sidewalk within 1,000 feet of the property line of a facility that is a public or
private school, including a parochial school, that provides all or any part of pre-
kindergarten through twelfth grade in the buildings or on the grounds of any public
school in the town limits or at any school-related activity conducted within the town
limits.
(Ordinance 2000-06, sec. XXXIV, adopted 3/21/00; Ordinance 2004-10, sec. II, adopted 3/1/04;
2006 Code, ch. 13, sec. 5.02; Ordinance 2011-17, secs. 2.02–2.05, 2.07, adopted 5/2/11)
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Sec. 14.02.253 Accessory structures and uses
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main structure, and in accordance with the following:
(1) All residentially zoned districts shall be subject to the following regulations.
(A) Permitted accessory structures.
(i) Except as otherwise provided herein, and excluding pools and covers,
accessory structures less than one hundred twenty (120) square feet of
floor area shall not require a building permit. Storage/utility buildings,
regardless of size shall require a permit on all lots abutting public and
private parks or the golf course.
(ii) The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the
owner or user of the principal single-family dwelling:
a. Detached private garage in connection with any use, provided that
no such garage shall face a golf course; and provided that any
detached garage which faces a street be located a minimum of
forty-five feet (45') from the front property line; and provided,
however, that the requirement that no such garage face any street
shall not apply where the rear yard of a lot abuts a street which is
contiguous to the perimeter of the town, unless otherwise provided
by ordinance.
b. Cabana, pavilion, gazebo.
c. Storage/utility buildings (masonry or wood).
d. Greenhouse (as hobby, not business).
e. Home workshop.
f. One flagpole less than twenty feet (20') in height per residential
lot; flagpoles are allowed in the front yard but cannot be in town
right-of-way or in any identified easements; and must be a
minimum of six feet (6') from rear and side lot lines. Permissible
flags are as defined in the Code of Ordinances, section 3.09.007.
g. Tennis court/basketball court.
h. Guest house.
i. Swimming pool/hard top pool cover.
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(iii) In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family
dwelling, such accessory uses shall be located, except flagpoles as
defined in subsection f. above:
a. Behind the front building setback; and
b. A minimum of twenty feet (20') from any street right-of-way; and
c. A minimum of six feet (6') from rear and side lot lines.
(iv) Location.
a. There shall be no accessory structures located in any front yard or
side yards, with the exception of a flagpole, as defined in
subsection f. above.
b. Accessory structures erected ten (10) feet or closer to the principal
building shall be considered to be attached and part of the primary
structure for calculating total square feet under roof and shall
comply with the setback lines established for that zoning district.
c. If the total square feet under roof (including said accessory
structures) exceeds 7,500 square feet, then the entire new
accessory structure must be protected with a sprinkler system.
d. In a case where more than one accessory structure is on the same
lot, each structure shall have a minimum ten (10) foot separation
between them.
e. Notwithstanding the foregoing, accessory structures are only
allowed if they comply with the zoning regulations in the district in
which they are located.
(v) Height requirements/screening requirements.
a. Hard top pool covers shall not exceed four feet (4') in height above
the outside perimeter of the pool.
b. Accessory structures permitted in these districts shall not exceed
one story in height, the maximum height of one story not to exceed
twenty feet (20'), except for storage/utility structures which shall
not exceed eight feet (8') in height.
c. Accessory structures permitted in these districts shall not exceed
one story in height, the maximum height of one story not to exceed
twenty feet (20'), except for storage/utility structures which shall
not exceed eight feet (8') in height.
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(2) Nonresidential accessory structures. All non-residentially zoned districts shall be
subject to the following regulations. The following shall be permitted as accessory
uses, provided that such use shall be located not less than twenty feet (20') from any
street right-of-way:
(A) Permitted accessory structures and uses in CG Commercial District and in NS
Neighborhood Service District. The following uses shall be permitted as
accessory uses:
(i) Screened garbage storage on a concrete pad and no nearer than fifty feet
(50') to a residentially zoned district and not located between the front of
the building and any street right-of-way.
(ii) Temporary uses incidental to the primary use, provided the same is
properly screened and provided they conform to the standards set forth in
section 14.02.251, Temporary Uses.
(B) Permitted accessory structures and uses in CR commercial district. The
following structures and uses shall be permitted as accessory structures and
uses.
(i) Cabana, pavilion, gazebo or roofed area.
(ii) All other uses and structures which are customarily accessory, and
clearly incidental to the structures, and which are allowed within the
applicable zoning district.
(C) Permitted accessory uses in GU Governmental Use District and in PO
Professional Office District. The following uses shall be permitted as
accessory, provided that none shall be a source of income to the owner or user
of the principal use:
(i) All other uses and structures which are customarily accessory, and
clearly incidental to the structures, and which are allowed within the
applicable zoning district.
(3) Prohibited structures. The following structures shall be prohibited:
(A) Tree houses.
(B) Metal, vinyl or similar material structures unless otherwise provided herein.
(C) Temporary structures on skids.
(4) Location. There shall be no accessory structures located in any front yard or side
yards, with the exception of a flagpole and signs, as defined by this division.
Accessory structures erected ten (10) feet or closer to the principal building shall be
considered to be attached and part of the primary structure for calculating total square
feet under roof and shall comply with the setback lines established for that zoning
district. If the total square feet under roof (including said accessory structures)
exceeds 7,500 square feet, then the entire new accessory structure must be protected
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with a sprinkler system. In a case where more than one accessory structure is on the
same lot, each structure shall have a minimum ten (10) foot separation between them.
A swimming pool is permitted to be located closer than ten (10) feet to the principal
building. If the water’s edge of a swimming pool, or any accessory structure that is
excavated for foundation footing, is located six (6) feet or closer to the primary
dwelling, an engineer’s letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity of the primary dwelling,
will be required at the time of plan submittal. Notwithstanding the foregoing,
accessory structures are only allowed if they comply with the zoning regulations in
the district in which they are located.
(5) Garage requirements.
(A) A detached garage, used to meet the minimum off-street parking requirement,
shall be permitted as an accessory use in a residential district and shall be
constructed so as to accommodate the enclosed parking of at least two (2)
automobiles.
(B) A detached garage, which is provided in addition to the required two (2) car
garage, shall be permitted as an accessory structure in a residential district,
except as otherwise specifically provided.
(C) Any detached garage shall set back at least forty-five feet (45') from the front
property line of a residential lot.
(D) Corner lots may have detached garages facing a side street if they set back a
minimum of thirty-five feet (35') from the side street; however, no drive cuts
will be allowed from any street classified as a major or minor collector street.
(6) Design criteria. All accessory structures shall conform to the following design
criteria:
(A) The exterior surfaces of all accessory structures shall be consistent with the
regulations as specified by the applicable zoning district. However, accessory
structures that are normally constructed in such a manner that masonry exterior
surfaces are neither practical nor appropriate are excluded from the masonry
requirements, including but not be limited to gym sets, playhouses,
greenhouses, pergolas, arbors, and outdoor kitchens.
(B) Open-air structures, such as gazebos and pavilions, are permitted to be
constructed with an aluminum material so long as that material resembles
wood-like construction and such material has been approved by the town’s
planning and zoning coordinator.
(7) Public views. Except as provided in subsection (6)(A) above, all storage/utility
buildings and greenhouses abutting and viewable from public and private parks or
golf courses shall be either screened so that they are not visible from any of those
locations, or alternatively shall be constructed of at least 80% masonry materials. In
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order to meet the requirements of this section, one or more of the following shall be
met.
(A) Live screening. Live screening as specified in this section shall be required.
Live screening shall at no time exceed the maximum height allowed for a fence
in that zoning district.
(B) Masonry requirements. Alternatively, uses specified in this section shall be
constructed of at least eighty percent (80%) masonry materials. The exterior
surface shall match the main structure to the greatest extent possible in
materials and color.
(Ordinance 2005-09, sec. II, adopted 5/2/05; Ordinance 2005-14, sec. II, adopted 6/6/05;
Ordinance 2006-34, sec. II, adopted 9/18/06; Ordinance 2006-46, sec. 2, adopted 11/20/06; 2006
Code, ch. 13, sec. 5.03; Ordinance 2008-24, secs. 2.02–2.04, adopted 9/8/08; Ordinance 2009-09,
sec. II, adopted 5/18/09; Ordinance 2009-20, sec. II, adopted 8/24/09; Ordinance 2009-29, sec.
2.02, adopted 11/02/09)
Sec. 14.02.254 Height limits
Height limitations stipulated elsewhere in this ordinance shall be modified such that chimneys,
water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls,
similar structures and necessary mechanical appurtenances may be erected as to their height in
accordance with existing or hereafter adopted ordinances of the town. All such portions of
buildings and/or structures extending in excess of ten (10) feet above the permitted height as
provided in each zoning district shall require approval of the town council prior to issuance of a
building permit. In the case of nonresidential structures all such extensions shall be clearly noted
and detailed on a site plan. (Ordinance 98-29, sec. XXXVI, adopted 12/1/98; Ordinance 2000-06,
sec. XXXVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.04)
Sec. 14.02.255 Required yards
(a) Adjacent to streets. Where the front or side yards facing one side of a street between two
(2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted
district shall apply to the entire block.
(b) Minimum requirement. The planning and zoning commission may recommend and the
town council may require a minimum front yard, rear yard or side yard greater than that required
as a minimum setback by the specific use categories in the ordinance rezoning any property when
the safety of the traveling public and the general health, welfare and morals of the community
require greater setback depth.
(c) Reduced by platting. The front yard or side yard setback may be reduced by platting if
approved by the P&Z and council for a specific and unusual conditions; but shall not be less than
fifteen feet (15') for a front yard or 10 feet for a side yard, unless otherwise provided by the
district or a planned development.
(d) Play area equipment. Play area equipment shall be located in the required rear yard.
(Ordinance 98-29, sec. XXXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVII, adopted
3/21/00; 2006 Code, ch. 13, sec. 5.05)
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Sec. 14.02.256 Projections into required yards
Certain architectural features, fences, walls, and hedges may project into or be located in required
yards as follows:
(1) Cornices, eaves and sills shall be not more than two feet (2') into any required yard.
(2) Balconies, bay windows and chimneys shall be not more than three feet (3') into front
yards, or two feet (2') into side and rear yards.
(3) Patios may be located no closer than five feet (5') to any side yard property line nor
closer than ten feet (10') to the rear property line unless approved by the town. In the
case of a corner lot, patios shall be subject to the regular street side yard requirements
of the district.
(4) An open fire escape shall be not more than three and one-half feet (3-1/2') into rear
yards, provided that such structure does not obstruct ventilation or light.
(5) Fences and walls adjacent to streets and located on corner lots shall be located on the
setback line as established by the front and side yard regulations of the district.
(6) Mechanical equipment.
(A) In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment
designed or manufactured for permanent installation in one place, either
outside of a building or projecting through an opening in a building, shall be
permitted in the required side yard or rear yard abutting a residentially zoned
district.
(B) No structure used for a nonresidential purpose may be located in a residentially
zoned district.
(C) No air conditioning apparatus shall be attached to any wall or window of a
residence. No evaporative cooler shall be attached to any wall or window of a
residence.
(Ordinance 98-29, sec. XXXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVIII, adopted
3/21/00; 2006 Code, ch. 13, sec. 5.06)
Sec. 14.02.257 Right-of-way and easement dedication requirements
Right-of-way and easement dedication shall be made in accordance with the town subdivision
regulations and comprehensive land use plan. (Ordinance 98-29, sec. XXXIX, adopted 12/1/98;
Ordinance 2000-06, sec. XXXIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.07)
Sec. 14.02.258 Nonconforming uses and structures
(a) Intent. Within the districts established by this ordinance, there exist lots, structures, and
uses of land and structures which were lawful before this ordinance was passed or amended, but
which would be prohibited, regulated, or restricted under the terms of this ordinance. It is the
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intent of this ordinance to permit these nonconformities to continue until they are removed, but
not to encourage their survival. Such uses are declared by this ordinance to be incompatible with
permitted uses in the district involved. It is further the intent of this ordinance that
nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for
adding other structures or uses prohibited elsewhere in this same district.
(b) Nonconforming building or structure. When on the effective date of this ordinance, a
building or structure, exists that could not be built under the terms of this ordinance by reason or
restrictions on area, lot coverage, height, yards, or other characteristics of the building or
structure, or its location on the lot, such building or structure may be continued subject to the
following provisions:
(1) No nonconforming building or structure may be enlarged or altered in any way which
increases the degree or extent of the nonconforming feature without approval of a
building permit which has been authorized by the zoning board of adjustment, and
provided further that no building or structure having nonconforming feature shall be
moved, reconstructed or substituted with another building or structure unless such
nonconforming feature is thereby eliminated and the building or structure is made to
conform to the provisions of this ordinance. However, nothing in this provision shall
be construed to prohibit normal repair, maintenance and nonstructural alterations to
such building or structure, nor the alteration, strengthening or restoration to safe
condition as may be required by law with the issuance of a building permit approved
by the building official.
(2) When a nonconforming building or structure is damaged by fire or other causes, it
shall not be reconstructed except in conformance with the provisions of this
paragraph. In the case of partial destruction by fire or other causes, not exceeding
fifty percent of its value according to the most current value shown on the appraisal
roll of the tax appraisal district, the building official is authorized to approve a
building permit for reconstruction. If greater than fifty percent of such value, upon
approval of the zoning board of adjustment the building official may issue a permit
for repair, but not for the enlargement of the building or structure, but only after
consideration has been given for removal of the nonconforming feature.
(3) The right to use and maintain any nonconforming building or structure shall
terminate and shall cease to exist whenever the nonconforming building or structure
becomes substandard under any applicable ordinance of the town and the cost of
replacing such building or structure is [in] lawful compliance with the applicable
ordinance exceeds fifty percent of the replacement costs of such building or structure.
(4) In determining the replacement cost of any nonconforming building or structure,
there shall not be included therein the cost of land or any factors other than the most
current value shown on the appraisal roll of the tax appraisal district of the
nonconforming building or structure itself, including foundation.
(c) Nonconforming uses. When on the effective date of this ordinance, a use of a building or
structure or of a building or structure and premises in combination, exists that would not be
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allowed in the district under the terms of this ordinance, the use may be continued subject to the
following provisions:
(1) No building or structure associated with a nonconforming use shall be enlarged,
extended, reconstructed, moved or structurally altered without approval of a building
permit which has been authorized by the board of adjustment, provided that nothing
in this provision shall be construed to prohibit normal repair, maintenance and
nonstructural alterations to such building or structure, nor prohibit the alteration,
strengthening or restoration to safe condition as may be required by law after the
issuance of a building permit by the building official.
(2) The lawful use of any building, structure, sign or land existing at the time such
property was more restrictively zoned may be continued except as this ordinance may
require abatement within a given period of time; provided, the right to continue such
nonconforming use shall be subject to regulations prohibiting nuisances and shall be
terminated when such use constitutes a nuisance.
(3) Any nonconforming use may be changed to a use conforming with the regulations
herein established for the district in which the nonconforming use is located;
provided, however, that a nonconforming use so changed shall not thereafter be
changed to another nonconforming use or be returned to a nonconforming use status.
(4) Whenever a building or structure containing a nonconforming use is destroyed by fire
or the elements, it shall not be reconstructed except in conformance with the
provisions of this paragraph. In the case of partial destruction by fire or other causes,
not exceeding fifty percent of its current replacement value, the building official is
authorized to approve a building permit for reconstruction. If greater than fifty
percent of its current replacement value, the zoning board of adjustment is authorized
to consider approval of a building permit for reconstruction.
(5) Whenever a building or structure containing a nonconforming use is abandoned, all
nonconforming rights shall cease and the use of the premises shall henceforth be in
conformance with this ordinance. Abandonment shall involve the intent of the owner
to discontinue a nonconforming use [and any use] which is discontinued for, or
which remains vacant for, a period of six months shall be considered to have been
abandoned. A nonconforming use shall also be considered abandoned when it has
been replaced with a conforming use or the zoning district boundaries have been
changed so as to make the use conform with these regulations.
(d) Nonconforming lots. When on the effective date of this ordinance, a lot of record exists
which contains less than the minimum lot requirements for area, depth or width, as contained in
this ordinance, such lot of record may be used for any valid use, building or structure authorized
in this ordinance, provided that the requirements for building setback, side yard, rear yard, height,
parking, landscaping and other applicable provisions of this ordinance are satisfied.
(Ordinance 98-29, sec. XL, adopted 12/1/98; Ordinance 2000-06, sec. XL, adopted 3/21/00; 2006
Code, ch. 13, sec. 5.08)
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Sec. 14.02.259 Site plan requirements
Whenever a site plan is required by this ordinance, such site plan must conform to the
requirements of this section. Except as otherwise provided herein, all site plans must be approved
by the town council upon recommendation of the planning and zoning commission.
(1) Requirement prior to building permit. When required by this ordinance, a site plan
must be approved prior to issuance of a building permit by the town.
(2) Changes to the site plan. Changes to the site plan shall be processed in the same
manner as the original approved site plan.
(A) Except as otherwise provided in subsection (2)(C) of this section, any site plan
that is amended shall require approval of the town council upon
recommendation of the planning and zoning commission.
(B) Changes to the site plan which will affect the use of the land shall require either
an amendment to a PD or a rezoning of property, whichever applies, and shall
require the appropriate public hearings.
(C) Changes of details within a site plan which do not alter the basic physical
relationship of the property to adjacent property, do not alter the use permitted,
increase the density, floor area, height, or reduce the yards provided at the
boundary of the site as indicated on the approved site plan, may be authorized
by the town’s planning and zoning administrator. An aggrieved party may
appeal the decision of the town’s designee to the zoning board of adjustment in
accordance with the provisions of this ordinance.
(3) Council approval. Upon recommendation by the planning and zoning commission,
council approval of a site plan that accompanies a zoning change request shall
become part of the amended ordinance. Hearings held by the council for
consideration of approval of such zoning change and accompanying site plan shall be
conducted in accordance with the provisions of section 14.02.406, Public Hearings.
(4) Compliance with town design standards. The site plan must comply with design
standards, policies, and any design criteria deemed necessary to the safety, health,
and welfare of the town.
(5) Site plan contents. The site plan shall contain the information listed below and any or
all of the required features may be incorporated on a single drawing if such drawing
is clear and capable of evaluation by the planning and zoning commission, the town
council and the staff personnel required to enforce and interpret this ordinance.
(A) The location of all existing and planned structures on the subject property and
approximate locations of structures on adjoining property within one hundred
feet (100').
(B) Lighting and/or fencing and/or screening of yards and setback areas and
proposed changes.
(C) Design of ingress and egress.
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(D) Off-street parking and loading facilities, and calculations showing how the
quantities were obtained.
(E) Height of all structures.
(F) Proposed uses.
(G) Landscape plan.
(H) Tree survey indicating location, size, and type of all existing trees.
(I) The location and type of all signs, including lighting and heights.
(J) Elevation drawings citing proposed exterior finish material.
(K) Street names on proposed streets.
(L) Proposed water, wastewater collection, and storm sewer lines; proposed
grading and drainage patterns.
(M) Engineering drawings of all improvements to be dedicated to the town or MUD
if the property is not to be final platted or if engineering drawings have not
been previously submitted for the site. If the property is to be final platted,
these may be provided at that time.
(N) Utility and drainage easements for dedicated infrastructure, if required.
(O) Such additional terms and conditions, including design standards, as the
planning and zoning commission and the town council deem necessary.
(Ordinance 98-29, sec. XLI, adopted 12/1/98; Ordinance 2000-06, sec. XLI, adopted 3/21/00;
2006 Code, ch. 13, sec. 5.09)
Sec. 14.02.260 Wireless antennas and antenna facilities
(a) Purpose. Wireless telecommunications facilities used in transmitting and receiving signal
energy are essential and promote the health, safety, and general welfare of the citizens of the
town. The purpose of this section is to govern the placement of these facilities to:
(1) Assure that their location and use do not compromise the aesthetic quality of the
community;
(2) Encourage operators of antenna facilities and antennas to locate them in areas where
the adverse impact on the community is minimal;
(3) Encourage co-location on both new and existing antenna facilities;
(4) Encourage operators of antenna facilities and antennas to configure them in a way
that minimizes the adverse visual impact through careful design, landscape screening,
and innovative stealth techniques;
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(5) Enhance the ability of antenna facilities and antennas to provide services to the
community effectively and efficiently; and [sic]
(b) Definitions. In this section the following definitions apply:
Alternative tower structure. Clock towers, bell steeples, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas or towers. See also the
definition of “stealth facility.”
Amateur radio antenna. A radio communication antenna used by a person holding an amateur
station license from the Federal Communications Commission.
Antenna. A device used in communications, which transmits or receives radio signals, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Antenna, building attached. Antenna attached to an existing structure in two general forms: (i)
roof-mounted, in which antennas are placed on the roofs of buildings, or (ii) building-mounted, in
which antennas are placed on the sides of buildings. These antennas can also be mounted on
structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.
Antenna facility. Any structure, monopole, tower, or lattice tower used to support antennas.
Co-location. The act of locating wireless communications equipment for more than one use on a
single antenna facility.
Equipment storage building. An unmanned, single-story equipment building used to house radio
transmitters and related equipment.
Monopole. A self-supporting antenna facility composed of a single spire used to support
communications equipment or other visible items.
Preexisting towers and preexisting antennas. Any tower or antenna for which a building permit
or conditional use permit has been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
Satellite receive-only antenna. An antenna that enables the receipt of television signals
transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic
antenna, or satellite earth station antenna.
Stealth facility. “Stealth” is a generic term describing a method that would hide or conceal an
antenna, supporting electrical or mechanical equipment, or any other support structure that is
identical to, or closely compatible with, the color of the supporting structure so as to make the
antenna and related equipment as visually unobtrusive as possible to the surrounding
neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that
replicate or duplicate the construction of common structures such as flagpoles, alternative tower
structures, and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
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Tower. Any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas for telephone, radio and similar communication purposes. This includes self-
supporting lattice towers, light standards, guyed towers, monopole towers, alternative tower
facilities or any other vertical support. This also includes the structure and any support thereto.
Tower, lattice. A self-supporting tower having three or four support legs with cross-bracing and
the capacity to hold a number and a variety of antennas.
TV antenna. An antenna that enables the receipt of television signals transmitted from broadcast
stations.
(c) Applicability/general regulations. The following regulations apply to all antenna facilities
and antennas located within any district:
(1) Applicability. Except as specifically provided, all new towers or antennas in the town
shall be subject to the regulations contained in this ordinance. Preexisting towers or
antennas shall not be required to meet the requirements of this ordinance, other than
those contained in subsections (c)(9) and (11) of this section.
(2) Equipment and storage building. An equipment storage building associated with an
antenna facility or an antenna shall be screened and landscaped as described in other
sections of this ordinance, or be incorporated into the stealth treatment so that it is
consistent and complementary with the existing structures and uses on the premises.
Masonry construction meeting the definition of masonry as provided herein:
Alternative material that achieves compatible screening may be permitted upon
approval by the town council and recommended by the planning and zoning
commission.
(3) Driveway surfaces. All driveways accessing any antenna facility site or equipment
storage site shall have an asphalt or concrete pavement.
(4) No outdoor lighting shall be allowed on antennas located on residentially zoned
property except lights or lighting that is by required by the Federal Aviation
Administration or the Federal Communications Commission.
(5) Antenna facility capacity. An antenna facility shall not have more than the number
and size of antennas attached to it than are allowed by the antenna facility
manufacturer’s designs and specifications for maximum wind load requirements.
(6) Monopoles. No guy wires are permitted with the use of monopoles.
(7) Prohibited in easements. Antenna facilities constructed solely for the purpose of
supporting antennas shall not be placed in an easement, unless authorized by the
easement holder.
(8) Construction standards. A building permit must be obtained prior to the construction
or installation of a tower, antenna, or mast. An antenna facility must be installed
according to the manufacturer’s recommendations or under the seal of a registered
professional engineer of the State of Texas. Additionally, all antenna facilities shall
comply with applicable state and local building codes.
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(9) Building codes/safety standards. The exemption of an antenna facility from the
requirement to obtain a conditional use permit under this ordinance shall not exempt
the owner of such facility or his agents from compliance with permitting, building
code or the requirements of other applicable ordinances. To ensure the structural
integrity of antenna facilities, the owner of an antenna facility shall ensure that it is
maintained in compliance with standards contained in applicable state or local
building codes and applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to time. If upon inspection,
the town concludes that an antenna facility fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon written notice to
the owner of the tower, the owner shall have thirty (30) days to bring such tower into
compliance with applicable standards. Failure to bring such tower into compliance
shall constitute grounds for the removal of the antenna facility at the owner’s
expense. This notice requirement shall not preclude immediate action by the building
official as allowed by law if public safety requires such action.
(10) Contained on property. No part of an antenna facility, antennas, or other attachment
may extend beyond the property lines of the lot on which the antenna or antenna
facility is located.
(11) State or federal requirements. All towers must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or federal
government with the authority to regulate towers and antennas. If such standards and
regulations are changed, and if the controlling state or federal agency mandates
compliance, then the owners of the towers and antennas governed by this ordinance
shall bring such towers and antennas into compliance with such revised standards and
regulations within six (6) months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the controlling
state or federal agency.
(12) Conditional use permit requirement. A conditional use permit shall be required for an
antenna or antenna facility which will not comply with any requirement of this
section. See subsection (j), Conditional Use Permits.
(d) Amateur radio and TV antennas. Amateur radio and TV antennas are permitted as
accessory uses in the R-15, R-12, R-11, R-10, R-9, R8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or
any residentially zoned planned development districts. Amateur radio and TV antennas must
comply with the following regulations:
(1) Antenna facility type. The antenna facility may be either building attached, a
monopole, tower, or a lattice tower.
(2) Number of facilities per lot. Only one antenna facility exceeding thirty-five feet (35')
in height is permitted on each lot.
(3) Height limitations. An antenna facility, exclusive of the height of any antenna or
mast, shall not exceed 35 feet in height; except, that an antenna facility shall be
permitted additional height at the ratio of one added foot in height for each additional
foot of setback beyond the minimum setback required of an accessory building in the
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zoning district regulations to a maximum height of 65 feet in a residential district. A
conditional use permit is required for additional height.
(4) Height limit for building-mounted antenna. An antenna shall not extend more than
eight feet above a building on which it is mounted, regardless of the height of the
structure.
(5) Setbacks. Antennas and antenna facilities shall not be permitted within any required
setback area. Guy wires are not permitted in front or side areas from the face of the
structure to the street right-of-way.
(6) Lights. No outdoor lighting shall be allowed on antenna facilities located on
residentially zoned property, except lights or lighting that is required by the Federal
Aviation Administration or the Federal Communications Commission.
(e) Satellite receive-only antennas generally. A satellite receive-only antenna is permitted as an
accessory use under the following conditions:
(1) The satellite receive-only antenna is not greater than one meter in diameter: all
zoning districts.
(2) The satellite receive-only antenna is one meter or greater in diameter, but not greater
than two meters in diameter: all nonresidential zoning districts.
(f) Satellite receive-only antennas greater than one meter in diameter in residential districts
and greater than two meters in diameter in nonresidential districts are permitted as accessory uses
if they comply with the following regulations:
(1) Number of antennas per lot: Only one satellite receive-only antenna per lot of record.
(2) Height: Not exceeding ten feet in height.
(3) Setbacks:
(A) Front and side yards: Not permitted.
(B) Rear yard: Minimum setback as required for accessory buildings in residential
districts and as for all buildings in nonresidential districts.
(4) Separation: No minimum or maximum separation requirements for satellite receive-
only antennas from other structures on the same lot of record.
(5) Screening: Satellite receive-only antennas that are mounted on the ground shall be
screened from view from adjoining properties by solid fencing or evergreen plants to
a height of a least six feet. A satellite receive-only antenna located within a fence
surrounding the yard in which the satellite receive-only antenna is located shall be
considered to be screened.
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(g) Placement of antenna facilities (other than amateur radio, TV, and satellite receive-only
antennas) within land use thresholds. For the purpose of determining the appropriate locations for
the placement of antenna facilities other than amateur radio, TV, and satellite receive-only
antennas, the town is divided into land use threshold areas that require different regulations
pertaining to height, location, and type of antenna facility. These land use thresholds are defined
as follows.
(1) Full commercial “FC”: Property within the CG, CR, NS, PO, or nonresidential
planned development zoning districts.
(2) Undeveloped residential “UR”: Property within R-15, R-12, R-11, R-10, R-9, R-8, R-
FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development
districts, that:
(A) Is not a part of a recorded subdivision; or
(B) Is a part of a recorded subdivision but has not had a building permit issued for
a residential structure; and
(C) Not located within the calculated limits of the developed residential (“DR”)
threshold.
(3) Wireless corridors “WC”: Property within, and one hundred fifty feet (150') either
side of, the right-of-way of a freeway or a major or minor arterial roadway, as
indicated on the town’s thoroughfare plan.
(4) Developed residential “DR”: Property within the R-15, R-12, R-11, R-10, R-9, R-8,
R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned
development districts, which:
(A) Is a recorded subdivision that has had at least one building permit for a
residential structure; or
(B) Is within the exterior surfaces of an existing primary residential structure; or
(C) Is within six hundred feet (600') of areas described by subsections (4)(A) and
(4)(B) above.
(h) Antenna facility impact levels. For the purpose of determining appropriate locations for
antenna facilities, the town recognizes differing levels of impact for antenna facilities depending
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upon physical location, aesthetics, and land uses compatibility. These antenna facility impact
levels are defined as follows:
(1) Monopole. A monopole as permitted with a conditional use permit. The antenna
equipment may not extend more than five feet (5') above the highest point on the
monopole.
(2) Level 4 stealth facility. The antenna on a Level 4 stealth facility is located on an
existing structure (other than an antenna facility) including, but not limited to, a
building, water tower, utility tower, steeple, or light pole. The antenna is not screened
nor hidden. For the purpose of this level, a pole or tower may be reconstructed to
structurally hold the antenna but shall not be any higher than the original structure
that it is replacing.
(3) Level 3 stealth facility. The antenna on a Level 3 stealth facility is located on an
existing structure (other than an antenna facility) including, but not limited to, a
building, water tower, utility tower, steeple, or light pole. The antenna shall be
aesthetically painted, constructed, or applied with material so that it is incorporated
into the pattern, style, and material of the structure to effectively render the antenna
unnoticeable. A new structure may be constructed to hold or house the antenna or
equipment; however, the structure must be consistent with the overall architectural
features of the primary buildings.
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(4) Level 2 stealth facility. The antenna on a Level 2 stealth facility is attached to the
structure in such a manner that if it is seen it appears unrecognizable as an antenna,
and the structure in which or on which the antenna is attached is an integral part of an
overall development.
(5) Level 1 stealth facility. The antenna on a Level 1 stealth facility is attached to the
structure in such a manner that the antenna is completely unseen and the structure in
which or on which the antenna is attached is an integral part of an overall
development.
(i) Antenna facility siting matrix. Antenna facilities shall be located in accordance with the
following siting matrix. This matrix provides for areas where antenna facilities may be located as
permitted uses, areas where they may be located with a conditional use permit, and areas where
they are prohibited.
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Antenna Facility Siting Matrix
P Permitted use
C Requires a conditional use permit
Prohibited
FC UR WC DR
Monopole over 120 ft.
Monopole up to 120 ft. C C C
Level 4 stealth facility P P C C
Level 3 stealth facility P P P C
Level 2 stealth facility P P P C
Level 1 stealth facility P P P P
(j) Conditional use permit. When a conditional use permit is required by this section for the
location of an antenna facility or an antenna, the property owner must submit an application in
accordance with the procedure established in this ordinance.
(1) Application. In order to properly evaluate an application to locate an antenna facility
or an antenna that requires a conditional use permit, in addition to the information
required from applicants applying for conditional use permits under other provisions
of the town’s zoning ordinance, the applicant for a conditional use permit under this
section shall provide the following information:
(A) Describe the nature of the antenna site. Indicate whether the proposed structure
is a monopole or mounted to a self-supporting structure. Indicate the proposed
height.
(B) Provide photos or drawings of all equipment, structures, and antennas.
Additionally, an applicant shall provide a scaled site plan clearly indicating the
location, type and height of the proposed antenna facility, on-site land uses and
zoning, adjacent land uses and zoning, proposed means of access, setbacks
from property lines, elevation drawings of the proposed antenna facility and
any other structures, topography, parking, and other information as reasonably
determined by the town to be necessary to assess compliance with this
ordinance. All drawings shall be scaled drawings.
(C) Describe why the antenna or tower is necessary at the particular location.
(D) State the name(s) of the telecommunications providers or other users of the
antenna or tower and describe the use to be made by each user.
(E) Indicate if this antenna or tower site is to be connected to other sites; and if so,
describe how it will be connected and who will be the backhaul provider.
(F) The town does not require co-location; however, the applicant must address
whether it has made an effort to co-locate the facilities proposed for this
antenna facility on existing antenna facilities in the same general area. Identify
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the location of these existing sites, and describe in detail these efforts and
explain in detail why these existing sites were not feasible. Attach all studies or
tests performed which demonstrate why the existing sites will not provide
sufficient signal coverage. Provide written documentation from existing sites’
owners and/or operators which confirm the statements provided. Indicate
whether the existing sites allow/promote co-location and, if not, describe why
not.
(G) Indicate whether co-location will be allowed to other telecommunications
providers at the requested site. If they are not allowed, state every reason and
the basis of each reason.
(H) If the requested location is in a residential district the applicant must address
whether it has made an effort to locate the facility in a nonresidential district.
Identify the location of these nonresidential district sites, describe in detail
these efforts, and explain in detail why these nonresidential sites were not
feasible. Attach all studies or tests performed which demonstrate why the
nonresidential sites will not provide sufficient signal coverage. Provide written
documentation from nonresidential district sites’ owners or operators which
confirm the statements provided.
(I) Indicate the proposed provider’s current coverage area for the town. Attach
maps showing the areas the proposed provider’s existing antenna currently
covers, [and] the areas the applicant’s existing sites and the requested site
would cover.
(J) Describe the applicant’s master antenna facilities plan for the town. Attach
maps and other related documentation. Provide information indicating each
phase of the plan.
(K) Describe the applicant’s plan to minimize the number of antenna facilities
needed to cover the town.
(2) Consideration of application. In considering whether to grant a conditional use
permit, the following shall be considered:
(A) The effect that location of the antenna facility will have on the monetary value
of the surrounding property;
(B) The potential for interference with the enjoyment of the use surrounding
properties;
(C) Aesthetics; impact, including but not limited to, the surrounding topography,
surrounding tree coverage and foliage; proposed buffering; and the design of
the antenna facility, with particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness;
(D) The proposed height of the antenna facility relative to surrounding structures;
(E) The zoning district and the adjoining zoning districts of the property for which
a conditional use permit is sought;
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(F) The unique conditions that govern reasonable reception on the antenna facility
on any given lot; and
(G) The availability of suitable alternative sites: Suitable alternative site(s) shall
mean a location or locations that would provide the same or better signal
coverage than the proposed site for which a conditional use permit is requested.
The applicant shall provide documentation supporting his contention that
alternative site(s) are not suitable and/or available.
(3) Procedures for consideration of conditional use permit. The procedures for
consideration of an application for conditional use permit requested under this section
of the ordinance shall be the same as those procedures for request of a conditional use
permit under section 14.02.301 of this article.
(k) Written report. Denial of an application for conditional use permit under this section shall
be documented in accordance with the requirements established in the Telecommunications Act
of 1996, as amended.
(l) Appeal. An applicant may appeal the decision of the planning and zoning administrator to
the planning and zoning commission by filing a written notice of appeal within ten (10) days
following the date the administrator notifies the applicant of his decision. The planning and
zoning commission may approve, conditionally approve, or deny an appeal. The applicant may
appeal the planning and zoning commission’s denial to the town council by filing a written notice
of appeal with the town secretary within ten (10) days following the denial by the commission. A
decision not timely appealed in accordance with this section shall be final.
(Ordinance 2000-06, sec. XLII, adopted 3/21/00; Ordinance 2001-08, sec. II, adopted 4/16/01;
2006 Code, ch. 13, sec. 5.10)
Sec. 14.02.261 Home occupations
Home occupations may be conducted within residential units provided such home occupations are
“transparent” to the neighborhood. The following regulations shall apply:
(1) No person other than members of the family residing on the premises shall be
engaged in the home occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and not more than
twenty percent (20%) of the floor area of the dwelling unit, not including the garage
or accessory structure, shall be used in the conducting of the home occupation;
(3) There shall be no change in the outside appearance of the building or premises, or
other visible evidence of the conduct of such home occupation. No sign advertising a
home occupation shall be placed on property where a home occupation is conducted;
(4) There shall be no direct sales of goods or products from the dwelling in connection
with such home occupation;
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(5) No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street and
other than in a required front yard;
(6) No equipment, process or work shall be used or conducted in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical interference
detectable to the normal senses off the lot, if the occupation is conducted in a
residence. In the case of electrical interference, no equipment, process or work shall
be used or conducted which creates visual or audible interference in any radio or
television receivers off the premises, or causes fluctuations in line voltage off the
premises;
(7) The operation of a beauty salon, barbershop, pet grooming establishment, or repair
services shall not be permitted as a home occupation; and
(8) No outdoor storage of any type shall be permitted with any home occupation.
(Ordinance 98-29, sec. XLIII, adopted 12/1/98; Ordinance 2000-06, sec. XLIII, adopted 3/21/00;
2006 Code, ch. 13, sec. 5.11)
Sec. 14.02.262 Oil and gas well drilling and production
(a) Purpose. The exploration, development and production of oil or gas in the town is an
activity which necessitates reasonable regulation to ensure that all property owners, mineral and
otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is
hereby declared to be the purpose of this section to establish reasonable and uniform limitations,
safeguards and regulations for present and future operations related to the exploring, drilling,
developing, producing, transporting and storing of oil or gas and other substances produced in
association with oil or gas within the town to protect the health, safety and general welfare of the
public, minimize the potential impact to property and mineral rights owners, protect the quality of
the environment and encourage the orderly production of available mineral resources.
(b) Definitions. All technical industry words or phrases related to the drilling and production of
oil and gas wells not specifically defined shall have the meanings customarily attributable thereto
by prudent operators in the oil and gas industry. For the purposes of this ordinance, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandonment. “Abandonment” as defined by the railroad commission and includes the plugging
of the well and restoration of the drill site as required by this ordinance.
Applicant/permittee. A person to whom a permit or certificate for the drilling, operation and
production of a well, or the installation or operation of a pipeline, is issued under this ordinance,
including, but not limited to, his or her heirs, legal representatives, successors or assigns.
Drill site. The area used for drilling, completing, or reworking a well.
Drilling. Any digging or boring of a new well to develop or produce oil or gas or to inject gas,
water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of
an abandoned well. Drilling does not mean or include the re-entry of a well that has not been
abandoned.
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Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
Fire code. The fire code adopted by the town, as amended.
Gas. Gas or natural gas, as such terms are used in the rules, regulations, or forms of the railroad
commission.
Gas well. Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code or the railroad commission.
Gas well permit. A gas well permit applied for and issued or denied under this ordinance
authorizing the drilling, production, and operation of one or more gas wells.
Gathering station. Specific use site where the gathering lines for all the wells converge.
Habitable structure. Structures suitable for human habitation or occupation. A habitable structure
shall not include accessory buildings, garages and sheds. Any structure for which a certificate of
occupancy is required shall be deemed to be a habitable structure.
Hazardous materials management plan. The hazardous materials management plan and
hazardous materials inventory statements required by the fire code.
New well. A new well bore or new hole established at the ground surface and shall not include the
reworking of an existing well that has not been abandoned unless the rework intends to drill to a
deeper total depth, which shall require a new well permit.
Oil. Oil, as such terms are used in the rules, regulations, or forms of the railroad commission.
Oil and gas well manual. Adopted by town council.
Oil well. Any well drilled for the production of oil or classified as an oil well under the Texas
Natural Resources Code or the railroad commission.
Oil well permit. An oil well permit applied for and issued or denied under this ordinance
authorizing the drilling, production, and operation of one or more oil wells.
Operation site. The area used for development and production and all related operational
activities of oil and gas after drilling activities are complete.
Operator. For each well, the person listed on the railroad commission Form W-1 or Form P-4 for
an oil or gas well.
Person. Includes both the singular and plural and means an individual person, corporation,
association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or
representative of any kind.
Petroleum specialist. A person familiar with and educated in the oil and gas industry who has
been retained by the town.
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Pipeline easement map. A map indicating all gathering line easements. The easements must be
located separately from the utility easements.
Railroad commission. The railroad commission of Texas.
Structure. Any building intended for shelter, occupancy, housing or enclosure for persons,
animals, cattle or storage.
Town. The Town of Trophy Club, Texas.
Town designee. Qualified oil and gas consultant as determined by the town manager.
Town staff. Employees and independent contractors performing services for the town, including
but not limited to the fire marshal.
Well. A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or
other liquid hydrocarbons.
Wellhead. A fitting (usually forged or cast steel) on the top of a well.
(c) Oil and gas well drilling and production “by specific use permit (SUP)”.
(1) The drilling and production of oil and gas within the corporate limits of the town
shall be permitted by specific use permit provided that the property line of any
residential structure or public building, institution or school is a minimum of one
thousand feet (1,000') from the wellhead and provided that the drilling and
production of oil or gas meets the following requirements:
(A) All applicable standards set forth in this ordinance and the oil and gas well
manual, standards for oil and gas well drilling and production;
(B) An approved oil and gas well development site plan and a road repair
agreement are on file with the town; and
(C) An oil or gas well permit has been issued by the town.
(2) Except as specifically provided herein, the drilling and production of oil and gas
within the corporate limits of the town shall be permitted by specific use permit as
close as two hundred fifty feet (250') from the wellhead to the property line of a
property with a residence located on it if all property owners agree in writing and
provided that the drilling and production of oil or gas meets the requirements of this
ordinance and a specific use permit.
(3) Upon request of a property owner, operator, or other applicant for SUP (collectively
referred to herein as “applicant”), the town council, upon recommendation by the
planning and zoning commission, shall hear and shall seriously and fairly consider a
request for a waiver from the requirement for a one thousand foot (1,000') setback
specified in subsection (c)(1) of this section. A waiver may be authorized and will not
be contrary to the public interest, where, owing to special conditions, the literal
enforcement of the provisions of the setback requirement will result in unnecessary
hardship, including a substantial economic hardship; or the setback requirement
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would prevent an applicant from accessing his/her mineral interest. The applicant
may make such request for waiver as a part of his/her SUP application.
(4) If a gas well is no longer being drilled but has been fitted with a wellhead and is a
producing well, the distance from wellhead to habitable structure shall be a minimum
of 200 feet. For this subsection (4) only, a “producing well” is defined as: gas is
produced from the well, but the rig used to drill and complete the well has moved off
the well and the top of the well is outfitted with a wellhead.
(d) Specific use permit application requirements.
(1) No person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall engage in drilling or production of an oil
or gas well within the corporate limits of the town without first obtaining a specific
use permit.
(2) An application for a specific use permit for the drilling and production of an oil or
gas well shall be filed by the person having legal authority. That person is presumed
to be the record owner, mineral owner, or the duly authorized agent of either the
record owner or the mineral owner. The applicant shall submit information
evidencing his/her authority to file an application with the town.
(3) All applications to be considered for oil and gas drilling and production under these
regulations shall be submitted to the town planning and zoning coordinator, along
with a completed application and fees, and must be in accordance with all ordinance
requirements. An application for specific use permit may be submitted but shall not
be considered as being filed with the town until it has been determined to be
administratively complete. An application for approval shall be considered
administratively complete when town staff determines that it meets all requirements
of applicable town ordinances so that it may be reviewed by the planning and zoning
commission, has been placed on the agenda for the commission, and the agenda has
been posted as required by law. An incomplete application shall not be considered
“filed” with the town as defined in this ordinance, but shall be returned to the
applicant for completion and resubmittal.
(e) Recommendations for specific use permits.
(1) The planning and zoning coordinator shall forward all applications for specific use
permits to the planning and zoning commission for review. An application may be
submitted but shall not be considered as being filed with the town until it has been
determined to be administratively complete. The planning and zoning commission
shall review each application within thirty (30) days after filing and shall make
recommendations regarding the applications to the town council. A copy of all
recommendations shall be provided to the operator. The planning and zoning
commission may make recommendations regarding any aspect of the proposed oil or
gas well development including, but not limited to, recommendations with respect to
the standards set forth in this ordinance.
(2) In connection with its review of an application for a specific use permit for the
drilling and production of gas wells, the planning and zoning commission may
determine that it is necessary to hire a petroleum specialist to assist the commission
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in reviewing the application. If such a determination is made, the planning and
zoning commission will provide the operator a written “scope of work” that the
commission proposes for such specialist. The planning and zoning commission and
the operator will attempt to agree upon the “scope of work”; however, the decision of
the commission shall control. If required by the specialist, the operator will provide a
retainer; otherwise, the operator will pay for the services of the specialist after they
are rendered. All work performed by the specialist shall be itemized on a daily basis
(including a description of the work and the amount of time spent), and such
itemization shall be provided to the operator with each request for payment.
(3) The planning and zoning commission has the authority to establish guidelines to use
in making recommendations for a specific use permit. Guidelines shall be placed in
the oil and gas well manual.
(4) A public hearing shall be conducted for all applications for SUP pursuant to section
14.02.302 of the town’s comprehensive zoning ordinance. Notice thereof shall be
given in the manner and form required for amendments as set out in section
14.02.406 [14.02.403] of the comprehensive zoning ordinance, entitled
“Amendments,” and as required by state law; provided however, that notice of such
public hearing shall be given to each owner, as indicated by the most recently
approved municipal tax roll, of real property within five hundred feet (500') of the
property line or one thousand feet (1,000') from the wellhead, upon which an SUP
application for oil and/or gas well drilling and production is being considered. If,
because of the location of the proposed well site, the application of the notice
requirements herein would result in notice being sent only to a sparsely populated
area, including, but not limited to only a portion of a subdivision, the town manager
may, at her discretion require additional notice at the applicant’s expense.
(f) Oil and gas well permit required.
(1) Any person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall not engage in the drilling and production
of oil or gas wells within the corporate limits of the town without first obtaining an
oil and gas well permit issued under this ordinance. An operator may apply for and
obtain separate permits covering each well or a “blanket” permit covering multiple
wells within a specific use permit.
(2) When an oil and gas well permit has been issued covering a well, the permit shall
constitute authority for drilling, operation, production, gathering of production,
maintenance, repair, reworking, testing, site preparation consisting of rigs or tank
batteries, plugging and abandonment, and any other activity authorized by this
ordinance associated with drilling or production by the operator and their respective
employees, agents, and contractors. An oil and gas well permit shall also constitute
authority for the construction and use of all facilities reasonably necessary or
convenient in connection therewith, including gathering lines and discharge lines, by
the operator and its respective employees, agents, contractors and subcontractors.
(3) An exploration permit shall be required for exploration for oil or gas. Exploration for
oil or gas means geologic or geophysical activities, including, but not limited to
surveying and seismic exploration, related to the search for oil, gas, or other
subsurface hydrocarbons.
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(4) An oil and gas well permit shall not, however, constitute authority for the reentering
and drilling of an abandoned well. Reentry and drilling of an abandoned well shall
require a new oil and gas well permit.
(5) Applications for oil and gas well permits shall be in accordance with the following:
(A) Shall be submitted in writing, on forms provided by the town.
(B) Shall include a copy of the applicable pipeline easement map indicating the
gathering station site.
(C) Shall be signed by the operator.
(D) Shall include the information required by the oil and gas well manual unless
such information has been previously provided to the town.
(g) Review of applications for oil and gas well permit.
(1) All applications for oil and gas well permits shall be filed with the planning and
zoning coordinator who shall immediately forward all applications to the town
designee for review. Incomplete applications shall be returned to the applicant, in
which case the town shall provide a written explanation of the deficiencies if
requested by the applicant. The town shall retain a processing fee determined by the
town’s fee schedule, adopted by ordinance. The town may return any application as
incomplete if there is a dispute pending before the railroad commission regarding the
determination of the operator.
(2) The town designee shall review each application within thirty (30) days after filing
and shall determine whether the application includes all of the information required
by this ordinance, whether the application is in conformance with the applicable oil
and gas well development site plan, the applicable specific use permit, and whether
the application is in conformance with the insurance and security requirements set
forth in this ordinance. The town designee shall forward a written report regarding its
determination to the operator.
(3) The town designee shall review the application and the written report of the fire
marshal and shall issue the oil and gas well permit within ten (10) days after
receiving the fire marshal’s report unless it is determined that the application is
incomplete or that the application is not in conformance with the applicable
development site plan and applicable specific use permit. The town designee may
employ a technical advisor.
(4) The town designee may condition the release of the approved oil and gas well permit
upon the operator providing the security required by this ordinance and upon the
operator entering into a road repair agreement that will obligate the operator to repair
damage excluding ordinary wear and tear, if any, to public streets, including but not
limited to bridges, caused by the operator or by the operator’s employees, agents,
contractors, subcontractors or representatives in the performance of any activity
authorized by or contemplated by the approved oil and gas well permit.
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(5) The failure of the town designee to review and issue an oil and gas well permit within
the time limits specified above shall not cause the application for the permit to be
deemed approved.
(6) Each oil and gas well permit issued by the town shall:
(A) Identify the name of each well and its operator;
(B) Specify the date on which the town issued each permit;
(C) Specify the date by which drilling must commence on at least one (1) well
covered by the permit, otherwise the permit expires (such date shall not be less
than one (1) year after the date of issuance). A one (1) year extension of time
may be granted if existing conditions are the same;
(D) Specify that if drilling is commenced on at least one (1) well covered by the
permit before the permit expires, the permit shall continue until the wells
covered by the permit are abandoned and the site(s) restored;
(E) Incorporate, by reference, the insurance and security requirements set forth in
this ordinance;
(F) Incorporate, by reference, the requirement for periodic reports and for notice of
activities set forth in this ordinance;
(G) Incorporate the full text of the release of liability provisions set forth in this
ordinance;
(H) Incorporate, by reference, the conditions of the applicable development site
plan and applicable specific use permit;
(I) Incorporate, by reference, the information contained in the permit application;
(J) Incorporate, by reference, the applicable rules and regulations of the railroad
commission, including the applicable “field rules”;
(K) Specify that no drilling operations (including the construction of internal
private access roads) shall commence until the operator has provided the
security required by this ordinance;
(L) Contain the name, address, and phone number of the person designated to
receive notices from the town, which person must be a resident of Texas, that
can be served in person or by registered or certified mail; and
(M) Incorporate by reference all permits and fees required by the town.
(7) The decision of the town designee to deny an application for an oil and gas well
permit shall be provided to the operator in writing within ten (10) days after the
decision, including an explanation of the basis for the decision, if requested by the
operator. The operator may appeal any such denial to the town council.
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(8) If the town denies an application for an oil and gas well permit, nothing herein
contained shall prevent a new permit application from being submitted to the town
for the same well.
(h) Insurance and indemnification. The operator shall provide or cause to be provided the
insurance described below for each well for which an oil and gas well permit is issued, such
insurance to continue until the well is abandoned and the site restored. The operator may provide
the required coverage on a “blanket basis for multiple wells.” The operator shall provide an
affidavit from the operator’s insurance company certifying that the insurance provided complies
with the requirements of this ordinance.
(1) General requirements; indemnification and express negligence provisions.
(A) Each oil and gas well permit issued by the town shall include the following
language: Operator does hereby expressly release and discharge all claims,
demands, actions, judgments, and executions which it ever had, or now has or
may have, or assigns may have, or claim to have, against the Town of Trophy
Club and/or its departments, its agents, officers, servants, successors, assigns,
sponsors, volunteers, or employees, created by, or arising out of personal
injuries, known or unknown, and injuries to property, real or personal, or in
any way incidental to or in connection with the performance of the work
performed by the operator under an Oil and Gas Well Permit and the operator
caused by or arising out of, that sequence of events which occur from the
operator under the Oil and Gas Well Permit and work performed by the
operator [sic] shall fully defend, protect, indemnify, and hold harmless the
Town of Trophy Club, Texas, and/or its departments, agents, officers, servants,
employees, successors, assigns, sponsors, or volunteers from and against each
and every claim, demand, or cause of action and any and all liability, damages,
obligations, judgments, losses, fines, penalties, costs, fees, and expenses
incurred in defense of the Town of Trophy Club, Texas, and/or its departments,
agents, officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted by
Operator, its agents, assigns, or any third parties on account of, arising out of,
or in any way incidental to or in connection with the performance of the work
performed by the Operator under an Oil and Gas Well Permit, and the Operator
agrees to indemnify and hold harmless the Town of Trophy Club, Texas,
and/or its departments, and/or its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or damages
suffered as a result of claims, demands, costs, or judgments against the Town
and/or, its departments, its officers, agents, servants, or employees, created by,
or arising out of the acts or omissions of the Town of Trophy Club, occurring
on the drill site or operation site in the course and scope of inspecting and
permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS
AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE
NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON
THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE
OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS
UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE
OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY
CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS,
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SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES,
WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING
CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE.
LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE
COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE
GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY
UNDER THE TORT CLAIMS ACT.
(B) All policies shall be endorsed to read “This policy will not be cancelled or non-
renewed without thirty (30) days’ advance written notice to the owner and the
Town except when this policy is being cancelled for nonpayment of premium,
in which case ten (10) days’ advance written notice is required.”
(C) Liability policies shall be written by carriers licensed to do business in Texas
and with companies with A:VIII or better rating in accordance with the current
Best Key Rating Guide, or with non-admitted carriers that have a financial
rating comparable to carriers licensed to do business in Texas, and approved by
the town.
(D) Liability policies shall name as “additional insured” the town and its officials,
agents, employees, and volunteers. Waivers of subrogation shall be provided in
favor of the town.
(E) Certificates of insurance must be presented to the town evidencing all
coverages and endorsements required by this ordinance, and the acceptance of
a certificate without the required limits and/or coverages shall not be deemed a
waiver of these requirements.
(F) Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this ordinance.
(2) Required insurance coverage.
(A) Commercial general liability insurance.
(i) Coverage should be a minimum combined single limit of one million
dollars ($1,000,000.00) per occurrence for bodily injury and property
damage. This coverage must include premises, operations, blowout or
explosion, products, completed operations, blanket contractual liability,
underground property damage, broad form property damage,
independent contractors protective liability and personal injury.
(ii) Environmental impairment (or seepage and pollution) shall be either
included in the coverage or written as separate coverage. Such coverage
shall not exclude damage to the lease site. If environmental impairment
(or seepage and pollution) coverage is written on a “claims made” basis,
the policy must provide that any retroactive date applicable precedes the
effective date of the issuance of the permit. Coverage shall apply to
sudden and non-sudden pollution conditions resulting from the escape or
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release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids
or gases, waste material or other irritants, contaminants or pollutants.
Coverage shall be a minimum combined single limit of one million
dollars ($1,000,000.00), per occurrence.
(B) Automobile liability insurance. Minimum combined single limit of five
hundred thousand dollars ($500,000.00) per occurrence for bodily injury and
property damage. Such coverage shall include owned, non-owned, and hired
vehicles.
(C) Worker’s compensation insurance. In addition to the minimum statutory
requirements, coverage shall include employer’s liability limits of at least one
hundred thousand dollars ($100,000.00) for each accident, one hundred
thousand dollars ($100,000.00) for each employee, and a five hundred
thousand dollars ($500,000.00) policy limit for occupational disease, and the
insurer agrees to waive rights of subrogation against the town, its officials,
agents, employees, and volunteers for any work performed for the town by the
operator. As an alternative to worker’s compensation the operator may provide
the equivalent to employer’s liability insurance meeting the requirements of
this section.
(D) Excess (or umbrella) liability insurance. Minimum limit of ten million dollars
($10,000,000.00) covering in excess of the preceding insurance policies.
(E) Control of well insurance.
(i) Minimum limit of five million dollars ($5,000,000.00) per occurrence.
(ii) Policy shall cover the cost of controlling a well that is out of control,
redrilling or restoration expenses, seepage and pollution damage.
Damage to property in the operator’s care, custody, and control with a
sub-limit of five hundred thousand dollars ($500,000.00) may be added.
(i) Security.
(1) A security instrument that covers each well must be delivered to the town before the
issuance of the oil and gas well permit for the well. The instrument must provide that
it cannot be cancelled without at least thirty (30) days’ prior written notice to the
town and, if the instrument is a performance bond, that the bond cannot be cancelled
without at least ten (10) days’ prior written notice for nonpayment of premium. The
instrument shall secure the obligations of the operator related to the well to:
(A) Repair damage, excluding ordinary wear and tear, if any, to public streets,
including but not limited to bridges, caused by the operator or by the operator’s
employees, agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the oil and gas
well permit;
(B) Comply with the insurance and security provisions set forth in this ordinance.
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(C) Pay fines and penalties imposed upon the operator by the town for any breach
of the oil and gas well permit.
(D) The security instrument may be in the form of an irrevocable letter of credit or
payment bond issued by a bank or surety approved by the town. The instrument
shall run to the town for the benefit of the town, shall become effective on or
before the date the oil and gas well permit is issued, and shall remain in effect
until the well is abandoned and the site restored.
(E) A certificate of deposit may be substituted for the letter of credit or payment
bond. The certificate shall be issued by a bank in the town, shall be approved
by the town, shall be payable to the order of the town to secure the obligations
of the operator described above, and shall be pledged to the bank with evidence
of delivery provided to the town designee. Interest on the certificate shall be
payable to the operator.
(F) The security instrument may be provided for individual wells or on a “blanket”
basis for multiple wells. The amount of the security shall be a minimum of fifty
thousand dollars ($50,000.00) for any single well and a minimum of one
hundred thousand dollars ($100,000.00) for multiple wells on a “blanket”
basis.
(G) In the event that the town determines that the operator’s insurance is
insufficient, the security will terminate when the oil and gas well permit is
transferred, with respect to the operator-transferor and if the operator-transferee
provides replacement security that complies with this section, when the well is
abandoned and the site restored, and when the town designee and/or town staff
consents in writing to such termination.
(H) An appeal of the determination of the amount of security required under this
ordinance may be made to the planning and zoning commission for
recommendation to the town council for final determination of the amount of
security.
(j) Periodic reports. The operator shall notify the planning and zoning coordinator of any
changes to the following information immediately, within one (1) business day after the change
occurs.
(1) The name, address, and phone number of the operator;
(2) The name, address, and twenty-four (24) hour phone number of the person(s) with
supervisory authority over drilling or operations activities;
(3) The name, address, and phone number of the person designated to receive notices
from the town, which person must be a resident of Texas that can be served in person
or by registered or certified mail; and
(4) The operator’s emergency action response plan including “drive-to-maps” from
public rights-of-way to each SUP site.
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(5) The operator shall provide a copy of any “incident reports” or written complaints
submitted to the railroad commission or any other state or federal agency within
thirty (30) days after the operator has notice of the existence of such reports or
complaints.
(6) Beginning on December 31st after each well is completed, and continuing on each
December 31st thereafter until the operator notifies the town that the well has been
abandoned and the site restored, the operator shall prepare a written report to the
town identifying any changes to the information that was included in the application
for the applicable oil and gas well permit that have not been previously reported to
the town.
(k) Notice of activities. Any person who intends to rework a well using a drilling rig, to
fracture stimulate a well after initial completion, or to conduct seismic exploration involving
explosive charges shall give written notice to the town at least ten (10) days before the activities
begin. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not limited to the duration of the activities and the
time of day they will be conducted. The notice must also provide the address and twenty-four
(24) hour phone number of the person conducting the activities. The person conducting the
activities will post a sign on the property giving the public notice of the activities, including the
name, address, and twenty-four (24) hour phone number of the person conducting the activities. If
the town determines that an inspection by the town designee and/or town staff is necessary, the
operator will pay the town’s customary charge for the inspection.
(l) Abandonment of wells and pipelines.
(1) Abandonment of wells. Upon abandonment of a well or well site, within sixty (60)
days, the well shall be plugged in accordance with the Texas Railroad Commission
standards, the site shall be cleaned and cleared of all equipment, holes or excavations
filled, and the land graded and returned to its original condition including replanting
of vegetation to match the surrounding area. All well casings shall be cut and
removed to a depth of at least ten feet (10') below the surface.
(2) Abandonment of pipelines. Upon abandonment of a pipeline, within (two months)
sixty (60) days of abandonment, a pipeline must be purged and plugged in
accordance with the rules and regulations of the State of Texas in effect at that time.
(m) Amended oil and gas well permits.
(1) An operator must submit an application to the planning and zoning coordinator to
amend an existing oil and gas well permit, to commence drilling from a new drill site
that is not shown on (or incorporated by reference as part of) the existing permit, to
relocate a drill site or operation site that is shown on (or incorporated by reference as
part of) the existing permit, or to otherwise amend the existing permit.
(2) Applications for amended oil and gas well permits shall be in writing, shall be on
forms provided by the town designee, shall be signed by the operator, and shall
include the following:
(A) The application fee as set by town ordinance;
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(B) A description of the proposed amendments;
(C) Any changes to the information submitted with the application for the existing
oil and gas well permit (if such information has not previously been provided
to the town);
(D) Such additional information as is reasonably required by the town designee or
town staff to demonstrate compliance with the applicable development site
plan and applicable specific use permit; and
(E) Such additional information as is reasonably required by the town designee or
town staff to prevent imminent destruction of property or injury to persons.
(3) All applications for amended oil and gas well permits shall be filed with the planning
and zoning coordinator. The application shall be immediately forwarded to the town
designee for review. Incomplete applications may be returned to the applicant, in
which case the town shall provide a written explanation of the deficiencies; however,
the town may retain a processing fee as determined by the town designee. The town
may return any application as incomplete if there is a dispute pending before the
railroad commission regarding the determination of the operator.
(4) If the activities proposed by the amendment are not materially different from the
activities covered by the existing oil and gas well permit, and if the proposed
activities are in conformance with the applicable development site plan and
applicable specific use permit, then the town designee shall approve the amendment
within ten (10) days after the application is filed.
(5) If the activities proposed by the amendment are materially different from the
activities covered by the existing oil and gas well permit, and if the proposed
activities are in conformance with the applicable development site plan and
applicable specific use permit, then the town designee shall approve the amendment
within thirty (30) days after the application is filed. If, however, the activities
proposed by the amendment are materially different and, in the judgment of the town
designee, might create a risk of imminent destruction of property or injury to persons
that was not associated with the activities covered by the existing permit or that was
not otherwise taken into consideration by the existing permit, the town designee may
require the amendment to be processed as a new oil and gas well permit application.
(6) The failure of the town designee to review and issue an amended oil and gas well
permit within the time limits specified above shall not cause the application for the
amended permit to be deemed approved.
(7) The decision of the town designee to deny an amendment to an oil and gas well
permit shall be provided to the operator in writing within ten (10) days after the
decision, including an explanation of the basis for the decision. The operator may
appeal any such denial to the town council.
(n) Transfer of oil and gas well permits. An oil and gas well permit may be transferred by the
operator with the consent of the town if the transfer is in writing signed by both parties, and the
transferee agrees to be bound by the terms and conditions of the transferred permit, if all
information previously provided to the town as part of the application for the transferred permit is
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updated to reflect any changes and if the transferee provides the insurance and security required
by this ordinance. The insurance and security provided by the transferor shall be released if a
copy of the written transfer is provided to the town. The transfer shall not relieve the transferor
from any liability to the town arising out of any activities conducted prior to the transfer.
(o) Remedies of the town.
(1) If an operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of an oil and gas well permit
(including any requirement incorporated by reference as part of the permit), the town
designee and/or town staff shall give written notice to the operator specifying the
nature of the alleged failure and giving the operator a reasonable time to cure, taking
into consideration the nature and extent of the alleged failure, the extent of the efforts
required to cure, and the potential impact on the health, safety, and welfare of the
community. In no event, however, shall the cure period be less than thirty (30) days
unless the alleged failure presents a risk of imminent destruction of property or injury
to persons or unless the alleged failure involves the operator’s failure to provide
periodic reports. The fire marshal may issue a stop work order under the fire code.
(2) If the operator does not cure the alleged failure within the time specified by the town
designee and/or town staff, the town designee and/or town staff may notify the
railroad commission and request that the railroad commission take appropriate action
(with a copy of such notice provided to the operator), and the town may pursue any
other remedy available under this ordinance.
(3) If the operator does not cure the alleged failure within the time specified by the town
designee and/or town staff, the town designee and/or town staff may recommend:
(A) The town council to suspend the oil and gas well permit until the alleged
failure is cured; or
(B) The town council to revoke the oil and gas well permit if the operator fails to
initiate and diligently pursue a cure.
(4) The decision of the town designee and/or town staff to recommend suspension or
revocation of an oil and gas well permit shall be provided to the operator in writing at
least ten (10) days before any action by the town council.
(5) If an oil and gas well permit is revoked, the operator will be given a hearing in front
of the town council.
(p) Enforcement; right of entry. The town designee and/or town staff is authorized and directed
to enforce this ordinance and the provisions of any oil and gas well permit. Whenever necessary
to enforce any provision of this ordinance or a gas well permit, or whenever there is reasonable
cause to believe there has been a violation of this ordinance or an oil and gas well permit, the
town designee, town staff or their designated representatives, may enter upon any property
covered by this ordinance or an oil and gas well permit at any reasonable time to inspect or
perform any duty imposed by this ordinance. If entry is refused, the town shall have recourse to
every remedy provided by law and equity to gain entry.
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(q) Penalty.
(1) It shall be unlawful and an offense for any person to do the following:
(A) Engage in any activity not permitted by the terms of an oil and gas well permit
issued under this ordinance;
(B) Fail to comply with any conditions set forth in an oil and gas well permit
issued under this ordinance; or
(C) Violate any provision or requirement set forth under this ordinance.
(2) Any violation of this ordinance shall be punished by a fine of not more than two
thousand dollars ($2,000.00) per day, subject to applicable state law. Each day a
violation occurs constitutes a separate violation.
(Ordinance 2003-11, sec. III, adopted 8/4/03; 2006 Code, ch. 13, sec. 5.12; Ordinance 2010-10,
sec. 3, adopted 4/26/10)
Secs. 14.02.263–14.02.300 Reserved
Division 6. Conditional and Specific Uses
Sec. 14.02.301 Conditional use permits
(a) Purpose. In each zoning district there are some uses which would be appropriate in some
but not all locations within the district. Typically, these are uses that may have some special
impact or uniqueness which require a careful review of their location, design, configuration and
special impact to determine, against fixed standards, the desirability of permitting their
establishment on any given site. They are uses which may or may not be appropriate in a
particular location depending on a weighing, in each case, of the public need and benefit against
the local impact and effect. In this ordinance such uses are classified as conditional uses and
before they may be established, the planning and zoning commission may, based upon findings of
fact derived from evidence received at public hearing, recommend approval and the town council
may, by ordinance, approve the establishment of the use.
(b) Authorization. The planning and zoning commission may recommend, and the town
council may authorize, the establishment of those conditional uses that are expressly authorized to
be permitted as a conditional use in a particular zoning district or in one or more zoning districts.
No conditional use shall be authorized unless this ordinance specifically authorizes such
conditional use to be granted and unless such grant complies with all of the applicable provisions
of this ordinance.
(c) Initiation. An application for a conditional use permit may be filed by the owner or his
designated agent, or any other person having a contractual or possessory interest in the subject
property.
(d) Application for conditional use permit. An application for a conditional use permit shall be
filed in duplicate with the town planning and zoning administrator, who shall forward, without
delay, one copy to the planning and zoning commission. The application shall include the
conditional use permit fee, a site plan in accordance with the town’s zoning ordinance, and the
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following information, as well as such additional information as may be prescribed by rule of the
town planning and zoning commission.
(1) The applicant’s name and address and their interest in the subject property;
(2) The owner’s name and address, if different than the applicant, and the owner’s signed
consent to the filing of the application;
(3) The street address and legal description of the property;
(4) The zoning classification and present use of the subject property;
(5) The particular provision of this ordinance authorizing the proposed conditional use;
(6) A general description of the proposed conditional use;
(7) An application for site plan approval, as required by the zoning ordinance;
(8) A statement or diagram showing compliance with any special conditions or
requirements imposed upon the particular conditional use by the applicable district
regulations;
(9) A statement as to why the proposed conditional use will not cause substantial injury
to the value, use or enjoyment of other property in the neighborhood;
(10) A statement as to how the proposed conditional use is to be designed, arranged and
operated in order to ensure that development and use of neighboring property in
accordance with the applicable district regulations will not be prevented or made
unlikely.
(e) Hearing on conditional use permit application. A public hearing on the application shall be
held and notice thereof given in the manner and form required for amendments as set out in
section 14.02.403, Amendments, and as provided by state law.
(f) Standards. As application for a conditional use permit shall be granted only if evidence is
presented at the public hearing which establishes:
(1) That the proposed conditional use will be consistent with the adopted policies in the
comprehensive land use plan of the town;
(2) That the proposed conditional use will not have a substantial or undue adverse effect
upon adjacent property, the character of the neighborhood, traffic conditions,
parking, utility facilities, and other matters affecting the public health, safety and
general welfare;
(3) That the proposed conditional use will be constructed, arranged and operated so as
not to dominate the immediate vicinity or to interfere with the development and use
of neighboring property in accordance with the applicable district regulations. In
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determining whether the proposed conditional use will so dominate the immediate
neighborhood, consideration will be given but not limited to:
(A) The location, nature and height of building, structures, walls or fences on the
site; and
(B) The nature and extent of landscaping and screening on the site; and
(C) Lighting, noise, and/or excessive traffic;
(4) That the proposed conditional use complies with all applicable regulations of this
ordinance, including lot size requirements, use limitations, and performance
standards;
(5) That the proposed conditional use at the specified location will contribute to or
promote the welfare or convenience of the public;
(6) That off-street parking and loading areas will be provided in accordance with the
standards set out in section 14.02.353, Off-Street Parking Requirements, and section
14.02.354, Off-Street Loading Requirements, of this article, and such areas will be
screened from any adjoining residential uses and located so as to protect such
residential uses from any injurious effect;
(7) That adequate access roads or entrance and exit drives will be provided and will be
designed so as to prevent traffic hazards and to minimize traffic congestion in public
streets;
(8) That the proposed conditional use will be served adequately by essential public
facilities and services such as highways, streets, parking spaces, police and fire
protection, drainage structures, refuse disposal, water and sewers, and schools; or that
the persons or agencies responsible for the establishment of the proposed use will
provide adequately for such services;
(9) That the proposed conditional use will not result in the destruction, loss or damage of
any natural, scenic or historic feature;
(10) That the proposed conditional use will comply with any additional standards imposed
on it by the particular provision of the ordinance authorizing such use.
(g) Conditions and restrictions. In granting a conditional use, the planning and zoning
commission may recommend, and the town council may impose such conditions, safeguards and
restrictions upon the premises benefited by the conditional use as may be necessary to comply
with the standards set out in this section to avoid, or minimize, or mitigate any potentially
injurious effect of such conditional uses upon other property in the neighborhood, and to carry out
the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance
approving the conditional use permit.
(h) Affidavit of compliance with conditions. Whenever any conditional use permit authorized
pursuant to this section is made subject to conditions to be met by the applicant, the applicant
shall, upon meeting such conditions, file an affidavit with the town secretary so stating.
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(i) Effect of issuance of a permit for a conditional use. The issuance of a permit for a
conditional use shall not authorize the establishment or extension of any use nor the development,
construction, reconstruction, alteration or moving of any building or structure, but shall merely
authorize the preparation, filing and processing of applications for any permits or approvals
which may be required by the codes and ordinances of the town, including, but not limited to, a
building permit, a certificate of occupancy and subdivision approval.
(j) Period of validity.
(1) A conditional use permit shall expire one (1) year after the date of issuance if the
permit holder has failed to either:
(A) Obtain a building permit and begin the erection or alteration of the structure for
which the permit was issued; or
(B) Obtain an occupancy permit for the structure and commence a use.
(2) Upon written application, the town council may grant one (1) additional extension for
a period not to exceed one (1) year. The written application shall contain a detailed
statement explaining all reasons that the requested extension has become necessary.
The town council may grant such extension without requiring the applicant to comply
with the notice and hearing provisions of this ordinance. If any additional extensions
are requested, the notice and hearing provisions of this ordinance governing the
issuance of a conditional use permit shall be required.
(Ordinance 98-29, sec. XLIV, adopted 12/1/98; Ordinance 2000-06, sec. XLIV, adopted 3/21/00;
Ordinance 2001-08, sec. III, adopted 4/16/01; 2006 Code, ch. 13, sec. 6.01)
Sec. 14.02.302 Specific use permit
(a) Purpose. The specific use permit procedure is designed to provide the planning and zoning
commission and the town council with an opportunity for discretionary review of requests to
establish or construct uses or structures which may be necessary or desirable for, or which have
the potential for a deleterious impact upon the health, safety and welfare of the public, for the
purpose of determining whether the proposed location of the use or structure is appropriate and
whether it will be designed and located so as to provide, minimize or mitigate any potentially
adverse effects upon the community or the other properties in its vicinity. The discretionary
specific use permit procedure is designed to enable the planning and zoning commission and the
town council to impose conditions upon such uses and structures that are designed to avoid,
minimize or mitigate potentially adverse effects upon the community or other properties in the
vicinity of the proposed use or structure, and to deny requests for specific use permits when it is
apparent that a proposed use or structure will or may occasionally harm the community or cause
substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the
vicinity of the proposed use or structure.
(b) Authorized specific uses. The following uses and structures may be established or
constructed only upon the issuance of a specific use permit in accordance with the provisions of
this ordinance.
(1) Gas and oil well drilling and production.
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(2) Children’s day care center, unless otherwise specifically allowed.
(c) Application. An application for specific use permit may be filed by the owner of, or other
person having a contractual or possessory interest in, the subject property. Any application filed
by a person who is not the owner of the property for which the specific use permit is sought shall
be accompanied by evidence of the consent of the owner.
(d) Permit application. An application for a specific use permit, along with the permit fee, shall
be filed with the planning and zoning coordinator, who shall forward a copy to the planning and
zoning commission. The application shall contain the following information:
(1) Applicant’s name, address, phone number and their interest in the subject property.
(2) Owner’s name, address and phone number, if different from the applicant, as well as
the owner’s signed consent to the filing of the application.
(3) Zoning classification and present use of the subject property.
(4) A description of the proposed specific use.
(5) An application for site plan approval, which shall be in accordance with section
14.02.259, Site Plan Requirements.
(6) A detailed explanation of why the proposed use will not cause substantial injury to
the value, use or enjoyment of the property in the neighborhood.
(7) A statement as to how the proposed specific use is to be designed, arranged and
operated in order to ensure that development and use of neighboring property in
accordance with the applicable district regulations will not be prevented or made
unlikely, and that the value, use and reasonable enjoyment of such property will not
be prevented or made unlikely, [sic] and that the value, use and reasonable enjoyment
of such property will not be impaired or adversely affected.
(8) An identification of any potentially adverse effects that may be associated with the
proposed specific use, and of the means proposed by the applicant to avoid, minimize
or mitigate such effects.
(9) Such additional terms and conditions including design standards as the planning and
zoning commission and the town council deem necessary to preserve the value and
character of the affected property and neighboring properties.
(e) Consideration of specific use permit application. In considering an application for a specific
use permit, the planning and zoning commission and the town council shall take into
consideration the following factors:
(1) Whether the proposed site plan will adequately provide for safety from fire hazards
and have effective measures of fire control.
(2) Whether the proposed site plan provides adequate drainage.
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(3) Whether the proposed specific use will have noise-producing elements that are not
sufficiently controlled.
(4) Whether the glare of vehicular and stationary lights is compatible with the
established character of surrounding land uses.
(5) Whether the location, lighting and type of signs and the relationship of signs to traffic
control is appropriate for the site.
(6) Whether such signs will have an adverse effect on adjacent properties.
(7) Whether the proposed specific use will adversely affect the public at the site and the
area immediately surrounding the specific use.
(8) Whether the proposed use will have any substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, parking,
utility facilities and other matters affecting the public, health, safety and general
welfare.
(9) Whether the proposed use will be constructed, arranged and operated so as not to
dominate the immediate vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable district regulations. In
determining whether the proposed specific use will so dominate the immediate
neighborhood, consideration shall be given to:
(A) The location, nature and height of buildings, structures, walls and fences on the
site; and
(B) The nature and extent of landscaping and screening on the site.
(10) Whether the proposed use otherwise complies with all applicable regulations of this
ordinance, including lot size requirements, bulk regulations, use limitations and
performance standards.
(11) Whether the proposed use at the specified location will contribute to or promote the
welfare or convenience of the public.
(12) Whether off-street parking and loading areas will be provided in accordance with the
standards set out in section 14.02.353, Off-Street Parking Requirements, and section
14.02.354, Off-Street Loading Requirements, and such additional areas will be
screened from any adjoining residential uses and located so as to protect such
residential uses from any injurious effect.
(13) Whether adequate access roads or entrance and exit drives will be provided and will
be designed so as to prevent traffic hazards and to minimize traffic congestion in
public streets and alleys.
(14) Whether the proposed use will be served adequately by essential public facilities and
services such as highways, streets, parking spaces, police and fire protection,
drainage structures, refuse disposal, water and sewers and schools; or that the persons
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or agencies responsible for the establishment of the proposed use will provide
adequately for such services.
(15) Whether the proposed use will result in the destruction, loss or damage of any
natural, scenic or historic feature of significant importance.
(f) Conditions and restrictions. In considering a specific use permit application, the planning
and zoning commission may recommend, and the town council may impose, such conditions,
safeguards and restrictions upon the premises benefited by the specific use as may be necessary to
avoid, minimize, or mitigate any potentially injurious effect of such specific use upon other
property in the neighborhood, and to carry out the general purpose and intent of this ordinance.
Such conditions shall be set out in the ordinance approving the specific use permit.
(g) Affidavit of compliance with conditions. Whenever any specific use permit authorized
pursuant to this section is made subject to conditions to be met by the applicant, the applicant
shall, upon meeting such conditions, file an affidavit with the planning and zoning coordinator so
stating.
(h) Effect of issuance of a permit for a specific use. The issuance of a permit for a specific use
shall not authorize the establishment or extension of any use nor the development, construction,
reconstruction, alteration or moving of any building or structure, but shall merely authorize the
preparation, filing and processing of applications for any permits or approvals which may be
required by the codes and ordinances of the town, including but not limited to, a building permit,
a certificate of occupancy and subdivision approval.
(i) Period of validity. Specific use permits are conditional zone changes granted by
amendment to the comprehensive zoning ordinance. In the event that the use granted by the
specific use permit lapses for a period of six (6) months or more, the permit shall become void.
The applicant may choose to reinitiate the specific use permit approval procedure, including all
fees required in the process.
(Ordinance 2000-06, sec. XLIV, adopted 3/21/00; Ordinance 2003-10, sec. III, adopted 8/4/03;
2006 Code, ch. 13, sec. 6.02)
Secs. 14.02.303–14.02.350 Reserved
Division 7. Development and Design Standards
Sec. 14.02.351 Fencing, retaining walls and screening
(a) Purpose. In order to encourage the most appropriate use of land and to conserve and protect
the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location
and type of various screening devices and retaining walls to be used when required or allowed in
the various zoning districts or in this section in accordance with the following standards. No fence
shall be constructed in violation of any of the regulations contained herein.
(b) Fences.
(1) Permit requirement. It shall be unlawful for any person, corporation, partnership or
other legal entity to place, construct or have constructed any type of new fence
without having first secured a permit for the placement or construction of the same
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from the town’s permitting department. Each permit shall be valid for a period of
ninety (90) days from the date of issuance, during which time the construction must
be completed and final inspection requested. This ninety (90) day time limitation
shall not apply to fence permits applied for by homebuilders at the same time they
apply for a residential building permit. Fence permits applied for in conjunction with
residential building permits shall be valid until the house has passed its final
inspection by the building official or his designated representative.
(A) Maintenance/replacement. A permit shall be required for the maintenance of at
least thirty percent (30%) of a fence fronting or facing any right-of-way or
roadway. A permit shall not be required for the maintenance of a fence which
does not front or face any right-of-way or roadway. Additionally, fences shall
be maintained according to the requirements set forth in subsection (l),
Maintenance and Repair of Non-Living Materials, of this section.
(2) Height requirements. The height of the fence shall be taken from the inside of the
fence on the property on which it is installed and shall be measured from the natural
grade of the ground to the top of the fence if there is no retaining wall. In the event
that a retaining wall is utilized, the fence shall be measured from the uppermost
surface of the retaining wall.
(A) Front, side and rear yards. Eight feet (8') is the maximum height allowed for
front, side and rear yard fences, except as otherwise provided in subsection (C),
Location, (4) and (5), of this section.
(c) Location. No fence shall be constructed in a manner that obstructs proper visual clearance
for vehicular traffic.
(1) Front elevation. All fences shall be located a minimum of ten feet (10') behind the
front elevation of the primary structure.
(2) Side yard adjacent to side street. Side yard fences shall be located within the side
yard building setback, and shall not extend beyond the building line of the side yard
adjacent to a side street.
(3) Parallel fences. Fences shall not be constructed parallel to and within twenty feet
(20') from an existing fence, except where the following conditions exist. A fence:
(A) Surrounding a transformer;
(B) Providing a barrier for pools and spas as required by applicable law;
(C) That shares a common post with an existing fence.
(4) Golf course lots. All fences on lots facing or abutting a golf course shall be
constructed of ornamental metal and shall be a minimum of four feet (4') and a
maximum of six feet (6') in height.
(5) Public park lots. All fences on lots facing or abutting a public park or other land
designated for public recreational purposes shall be constructed of ornamental metal
and shall be a minimum of four feet (4') and a maximum of six feet (6') in height.
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(6) Perimeter fencing. Perimeter fencing along the official town boundary line shall be
allowed according to the following requirements:
(A) A decorative masonry wall shall be constructed on property lying along the
perimeter boundary of the town in conjunction with development of that
property, unless otherwise provided in this ordinance.
(B) The extent to which fencing or walls are constructed shall be determined by the
planning and zoning commission upon consideration of a site plan submitted as
part of a zoning request and upon the submission of appropriate documentation
material.
(C) The owner, subdivider or developer of a tract of land to which this section
applies shall have the sole responsibility to build, erect or place a continuous
wall or fence at least eight feet (8') in height along the perimeter of the
boundary of the subdivision or the perimeter of the corporate boundary of the
town. Such fence or wall shall be erected simultaneously with the
commencement of construction of any street improvements within the
subdivision, at the commencement of any other construction, or upon the
development of any kind upon such tract of land. This provision applies where
a tract of land has been platted or is owned under single ownership or under
single control, and where such tract of land touches any part of the perimeter or
corporate limits of the town.
(D) Construction material for the extension and design of perimeter fences shall be
subject to the approval of the town council, upon recommendation by the
planning and zoning commission as part of a site plan submitted as part of a
zoning request and upon the submission of appropriate documentation.
(i) Maintenance. Following the installation and final acceptance of a town
boundary or subdivision perimeter fence installed by the owner,
subdivider or developer of a tract of land, the property owner shall have
the sole responsibility of maintaining such fence. Perimeter fences shall
be maintained according to the requirements set forth in subsection (l),
Maintenance and Repair of Non-Living Materials, of this section.
(d) Materials.
(1) Acceptable materials.
(A) Brick, stone, wrought iron or wood are allowed in accordance with the
requirements of the applicable zoning district.
(B) Architectural-grade metal, decorative pre-cast embossed concrete, concrete
masonry unit with decorative facing, colored and embossed poured-in-place
concrete, a combination thereof, vinyl or similar materials shall be submitted
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for consideration to the planning and zoning coordinator or their designee prior
to fence permit approval.
(i) Prior to the approval of items listed in subsection (d)(1)(B) above,
detailed plans indicated [indicating] the height, width, and design shall
be submitted for review and approval. Additional information shall be
provided to substantiate compliance if requested.
(2) Prohibited materials. Unless specifically provided in (d)(1)(A) and (B) above, all
other materials shall be prohibited including but not limited to, broken glass, nails,
screws or wire or any sharp object affixed to a fence in a manner that may cause
injury to or prevent emergency personnel from climbing such fence in an emergency.
Nails or screws used in a normal construction manner are not prohibited by this
section.
(e) General construction requirements. All requirements of the International Residential Code,
and all amendments thereto, adopted by the town shall be applicable to the construction of a fence
and are hereby incorporated herein and made a part of this ordinance.
(1) A fence shall not be constructed in a manner which alters the natural drainage or
existing planned drainage of the land or the surrounding land upon which it is
constructed.
(2) In order to allow for entrance and exit of fire and police department personnel, each
fence must contain at least one (1) gate not less than three feet (3') wide.
(3) Fences constructed, repaired or maintained on street rights-of-way and property lines
in all subdivisions shall have the finished side of the fence facing the street. Fences
on interior lot lines that are not facing street rights-of-way shall be constructed with
the finished side faced according to the discretion of the property owner constructing
the fence.
(f) Construction requirements for pre-cast concrete fences. All pre-cast concrete fences shall
be designed by a professional engineer licensed by the State of Texas.
(g) Animal runs. A permit is required for the construction of an outdoor animal run for the
containment of a dog or other animal authorized in the town’s animal control ordinance. Such
outdoor animal run shall be for the sole purpose of containing an authorized animal.
(1) Construction requirements.
(A) The animal run shall be fully contained within an opaque privacy fence.
(B) The animal run shall be constructed only of:
(i) Top-rail galvanized chain-link fencing with a gauge of 11-1/2, 12-1/2 or
14 inches and posts; or
(ii) Ornamental iron.
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(C) The animal run shall not:
(i) Have metal or fiberglass roofing;
(ii) Exceed eight feet (8') or the height of the perimeter fence;
(iii) Shall not be visible from any public right-of-way.
(D) Maintenance. Animal runs shall be maintained according to the requirements
set forth in subsection (l), Maintenance and Repair of Non-Living Materials, of
this section.
(h) Retaining walls. A retaining wall permit shall be required for any such wall four feet (4') or
higher, or for any such retaining wall height as required by the most recent adopted version of the
International Building Code, whichever is more restrictive.
(1) Permit requirements. Permit applications for retaining walls must be accompanied by
a site plan indicating the following:
(A) The location of all existing and planned structures on the subject property and
the approximate locations of all structures on adjoining property within one
hundred feet (100'); and
(B) Height of all structures; and
(C) The location of all existing building lines, easements, watercourses, etc.; and
(D) Additional information as required by the building official.
(2) Height requirement. For the purpose of this ordinance, the height of a retaining wall
shall be determined by measuring the bottom of the footing to the top of the wall.
(A) Any retaining wall exceeding four feet (4') in height must be a structurally
engineered wall. Only the seal of a professional engineer licensed by the State
of Texas will be accepted.
(B) Retaining walls below four feet (4') in height, as measured by the requirements
of this ordinance shall not require a permit, unless the retaining wall is located
within a drainage easement, floodplain, floodway or other watercourses. In
such case, the permit requirements of this subsection (h) shall apply.
(3) Location. Retaining walls located along public roadways must provide sufficient area
between the retaining wall and the roadway for landscaping to be provided between
the retaining wall and the roadway and must be in compliance with the town’s sight-
visibility requirements, located in the appendix of the zoning ordinance [section
14.02.460].
(4) Materials.
(A) Acceptable materials. Concrete, pavestone, stone, or brick materials shall be
allowed for the construction of retaining walls. Other materials similar to the
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foregoing, including some types of man-made materials may be allowed if such
materials are suitable to maintain appearance, soundness, safety, and resistance
to decay or weather. Such materials shall be approved [by] the planning and
zoning coordinator or their designee prior to permit approval. All retaining
walls constructed of formed concrete, concrete block, cinderblock or similar
materials shall have facing added to their exposed surface(s).
(B) Prohibited materials. The use of treated railroad type cross-tie material, wood
of shape and dimension resembling railroad cross-ties or landscape timbers is
prohibited for new construction and is also prohibited for replacement work if
more than thirty percent (30%) of an existing retaining wall must be replaced
or is being replaced.
(5) Maintenance. Retaining walls must be maintained in their original design, placement
and structural integrity.
(6) Survey required. Following the issuance of any permit by the town for retaining walls
a minimum of four feet in height (4'), and prior to the inspection by the town of such
retaining wall, the applicant shall submit to the town a forms survey as approved by
the building official. Such survey shall be prepared by a registered and licensed
professional surveyor, and shall:
(A) Locate all easements, including underground easements, roads, streets, alleys,
and other rights-of-way or watercourses, and building setback lines and other
matters located on or affecting the property; and
(B) Show all proposed and existing improvements (such as buildings, power lines,
fences, etc.); and
(C) Show any portion of the property within any floodplain, floodway or other
watercourses.
(i) Inspection. During construction and/or installation of a fence, retaining wall or outdoor
animal run for which a permit is required, the property owner shall contact the permitting
department to request all required inspections. Failure to request any required inspection shall be
a violation of this ordinance. The building official shall “pass” the inspection if the structure
meets with the requirements of the ordinance, or “fail” the inspection for defects in construction,
materials or procedure. The property owner shall remedy all defects specified in the failure notice
and call for a reinspection, prior to the expiration of the permit.
(j) Screening standards. Fences, walls and dense landscaped hedges or plantings are permitted
in any zoning district as a screening element; however, such screening elements shall conform to
the restrictions set forth herein. The following screening standards shall be complied with.
(k) Non-living screening.
(1) Non-living screening, as herein referred, shall mean any material constructed of
masonry, or of a concrete or metal frame, or wood base which supports a permanent
type material, the vertical surface of which is not more than thirty percent (30%)
open; or
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(2) A solid fence.
(3) Where a nonresidential use abuts a residential lot, use or district, the side and rear
property lines abutting said residential lot, use or district shall be solidly fenced to a
height of eight feet (8') with a wall of masonry construction, unless other material has
been approved by the town council upon recommendation of the planning and zoning
commission, so as to obscure the view from the residential lot, use or district to the
nonresidential use. The developer of the nonresidential property shall erect the fence
or wall required by this section. Where the district boundary dividing a residential
district from a nonresidential district is along a street or alley, and an automobile
parking lot or parking area is located in the front yard of the nonresidential use, the
said parking lot or parking area facing the residential lot, use or district shall be
suitably screened with a wall of masonry construction, unless other material has been
approved by the town council upon recommendation of the planning and zoning
commission, to a height of not less than four feet (4').
(4) In nonresidential areas, garbage, refuse and trash collection/storage areas shall be
gated and fully screened from public view by a masonry fence or wall of at least
eight feet (8') in height.
(5) Off-street loading areas shall be adequately screened from the public view of any
residential dwelling and from any other adjacent land use, as indicated in section
14.02.355, Parking and Loading Area Development Standards for Nonresidential
Uses, subsection (d).
(6) In all districts exterior appliances and equipment shall be screened so as not to be
visible from any street. All utility and mechanical equipment shall be screened with a
masonry fence or wall, unless other material has been approved by the planning and
zoning coordinator.
(l) Maintenance and repair of non-living material.
(1) All screening materials, fences, walls, outdoor animal runs, and retaining walls shall
be maintained in a neat and orderly manner and in sound condition and good repair at
all times.
(A) All fences, walls, screening materials and animal runs must be maintained in
their original design and placement.
(B) The maintenance and/or repair of any screening material, fence, wall or animal
run shall be constructed of the same materials as the existing screening
material, fence, wall or animal run.
(2) When a fence, wall, or outdoor animal run is declared by the building official or his
designated representative to be dilapidated or hazardous, the building official, or his
designated representative shall order the occupant, owner, or inhabitant of the
property to remove or repair the screening material, fence, wall, or outdoor animal
run to a sound condition.
(A) Dilapidated shall include, but not be limited to, screening materials, fences,
walls, or outdoor animal runs that have broken or missing planks or portions,
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or that are out of horizontal or vertical alignment by more than one foot (1')
measured at the top of the posts.
(B) Areas adjacent to screening areas, fences and walls shall be maintained in a
clean manner, and shall be free and clear of all debris, trash and weeds, and
other such materials or plants not a part of the screening or landscaping.
(C) It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to
remove or repair a fence, screening material or wall in accordance with this
provision within ten (10) days of a written order issued under this section,
unless otherwise extended by the building official or his designated
representative.
(m) Living screening.
(1) Any dense evergreen hedge or plant material suitable for providing an opaque visual
barrier, for which such material shall be maintained in a healthy growing condition.
(2) On lots abutting a golf course or public parks in residentially zoned areas, dense
evergreen hedges or plant material screening along the golf course or park shall be
limited to a maximum height of six feet (6') and shall meet all other requirements of
this ordinance.
(3) No screening element shall be constructed, erected, placed, planted or maintained in
such position or location so as to be dangerous or detrimental to the health or safety
of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on
any public or private street or driveway. Provided, however, that the natural existing
terrain which cannot be removed by reasonable landscaping techniques, including
retaining walls constructed below or at the same grade of said natural existing terrain,
shall be excluded from the objects otherwise prohibited.
(4) Landscaped earth berms may, when appropriate in scale, be used as a screening
element in conjunction with a fence, wall, hedge or other dense planting material.
(5) Fences, walls, hedges. Except as otherwise restricted by the provisions of this
ordinance, fences, walls, and hedges may be permitted in any required rear or side
yard, or along the edge of any such yard as a screening, decorative or containment
element, and shall not exceed a maximum of eight feet (8') in height, and the
following requirements shall also apply [and] be observed:
(A) Nothing shall be erected placed, planted or maintained on a corner lot or
parkway adjacent thereto so as to interfere with the visual line of sight at an
elevation between two and one-half feet (2-1/2') and eight feet (8') above the
top of the adjacent street curb, or if there is no curb then from the average street
grade, within a triangular area formed by the intersection of the adjacent street
right-of-way lines and a line formed by connecting a point thirty-five feet (35')
from the street intersection on one street right-of-way line with a corresponding
point on the other street right-of-way line. Any object so erected, placed,
planted or maintained shall be a prima facie evidence that said object, or
combination of objects, is an obstruction constituting a traffic hazard.
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(B) On an interior lot in any district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as to impede vision or in any way create a
traffic hazard to motorists, whether the impediment includes entering or exiting
any public highway, street, alley or private street or highway, driveway from or
to adjacent private property.
(C) Any object or combination of objects placed, planted or maintained in violation
of this ordinance shall be removed upon written notice by certified mail from
the town’s planning and zoning coordinator, or their representative, to the
owner, agent or occupant of the premises or property where such obstruction
has been erected, placed, planted or maintained.
(D) Railroad cross-ties and landscape timber shall not be allowed as construction
material.
(n) Maintenance of living material. All screening materials shall be maintained and repaired in
a neat and orderly manner at all times. This shall include, but not be limited to pruning,
fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of
landscaping. Appropriate facilities for watering any plant material shall be installed at time of
planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or
plants not a part of the screening or landscaping. All plant material shall be maintained in a
healthy and growing condition as is appropriate for the season of the year. All plant material
which dies shall be replaced with plant material of similar variety and size.
(o) Additional screening, fencing, landscaping. The planning and zoning commission may
recommend and the town council may require screening, fencing and landscaping requirements
on any zoning case in addition to or in lieu of screening or fencing requirements set out
specifically in each use district when the nature and character of surrounding or adjacent property
dictates a need to require such devices in order to protect such property and to further provide
protection for the general health, welfare and morals of the community in general.
(p) Special exception. The zoning board of adjustment shall have the power to grant a special
exception waiving or modifying these regulations where the literal enforcement of this ordinance
would result in practical difficulty or unnecessary hardship and the relief granted would not be
contrary to the public interest but would do substantial justice and would be in accordance with
the spirit of this ordinance. A public hearing is not required for zoning board of adjustment
consideration of a special exception under this section.
(1) For the purpose of this ordinance, the following are established as general conditions,
all of which are to be met upon the granting of any special exception.
(A) No diminution in value of surrounding properties would be suffered; and
(B) Granting the permit would be of benefit to the public interest or surrounding
properties; and
(C) Denial of the permit would result in unnecessary hardship to the owner seeking
it; and
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(D) A zoning restriction as applied to the owner’s property interferes with the
reasonable use of the property, considering the unique setting of the property in
its environment; and
(E) By granting the permit, substantial justice would be done; and
(F) The use must not be contrary to the spirit of the ordinance.
(2) The burden of demonstrating that all general conditions have been met and that a
special exception is appropriate is upon the person requesting the special exception.
The zoning board of adjustment may require a person requesting a special exception
to provide proof as the board determines necessary and appropriate for the board to
evaluate the application for special exception.
(Ordinance 2000-06, sec. XLV, adopted 3/21/00; Ordinance 2005-16, sec. 2, adopted 7/18/05;
2006 Code, ch. 13, sec. 7.01; Ordinance 2007-17, sec. II, adopted 4/16/07)
Sec. 14.02.352 Landscaping regulations
(a) Purpose. It is the purpose of this section to establish certain regulations pertaining to
landscaping within the town. These regulations provide standards and criteria for new
landscaping which are intended to promote the value of property, enhance the welfare, and
improve the physical appearance of the town.
(b) Scope. The standards and criteria contained within this section are deemed to be minimum
standards and shall apply to all new construction occurring within the town.
(c) Enforcement. The provisions of this section shall be administered and enforced by the
building official or their designee. If, at any time after the issuance of a certificate of occupancy
or building permit, whichever is applicable, landscaping is found to be nonconforming to the
standards and criteria of this section, the building official shall issue notice to the owner, citing
[the nonconformity, and the owner,] tenant, or agent shall have thirty (30) days from the date of
said notice to restore the landscaping required. If the landscaping is not restored within the
allotted time, such person shall be deemed to be in violation of this ordinance.
(d) General standards. The following criteria and standards shall apply to landscape materials
and installation:
(1) Quality. Plant materials used in conformance with the provisions of this ordinance
shall conform to the standard of the American Standard for Nursery Stock, or equal
thereto. Grass seed, sod and other material shall be clean and reasonably free of
weeds and noxious pests and insects.
(2) Trees. Trees referred to in this section shall comply with all applicable regulations
and requirements of article VIII of the subdivision regulations of the town, as
amended [article 10.02, division 8 of the Code of Ordinances]. If any of the
requirements of article VIII regulating trees conflict with the requirements contained
herein regulating trees, the requirements of article VIII of the subdivision regulations
shall control.
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(3) Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured
immediately after planting. Hedges, where installed, shall be planted and maintained
so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet
high within one year after time of planting.
(4) Vines. Vines shall be a minimum of two feet immediately after planting and may be
used in conjunction with fences, screens or walls to meet screening requirements as
specified.
(5) Ground cover. Ground covers used in lieu of grass in whole and in part shall be of
live material and shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within one year of planting.
(6) Lawn grass. Grass areas may be sodded, plugged, sprigged or seeded except that
solid sod shall be used in swales, berms or other areas subject to erosion.
(7) Credit for existing trees. Any trees preserved on a site meeting the specifications
herein shall be credited toward meeting the tree requirement of any landscaping
provision of this section. Trees of exceptional quality due to size, large canopy cover,
trunk diameter, rareness, age or species may, at the discretion of the planning and
zoning commission, be credited as two trees for the herein minimum requirements.
(8) Railroad ties. The use of railroad ties for use as landscaping material shall be
prohibited.
(e) Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping shall be maintained
in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing,
watering, weeding and other such activities common to the maintenance of landscaping.
Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a
part of the landscaping. All plant materials shall be maintained in a healthy and growing
condition as is appropriate for the season of the year. Plant materials which die shall be replaced
with similar plant material.
(f) Sight distance and visibility.
(1) Rigid compliance with these landscaping requirements shall not be such as to cause
visibility obstructions and/or blind corners at intersections. Whenever an accessway
intersects a public right-of-way or when the subject property abuts the intersection of
two or more public rights-of-way, a triangular visibility area shall be created.
(2) In the event other visibility obstructions are apparent in the proposed landscape plan,
as determined by the building official, the requirements set forth herein may be
reduced to the extent required to remove the conflict.
(g) Requirements for residential districts. In addition to the above-listed requirements, all areas
within the town which are zoned for residential use, by either “straight zoned” districts or by
planned developments, shall have the following requirements.
(1) Each residential lot shall have a minimum of twelve (12) caliper inches of trees
located in the front yard prior to issuance of a certificate of occupancy. The twelve
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(12) caliper inches may be distributed among any number of trees desired by the
homeowner but shall not include any tree less than three (3) caliper inches. Caliper
inches shall be measured twelve (12) inches above final grade adjacent to the trunk of
the tree.
(2) Approved landscape plan prerequisite. No permit shall be issued for building or
construction on any residential lot or tract until a landscape plan has been submitted
and approved by the town planning and zoning administrator.
(3) Landscape plans.
(A) Prior to the issuance of a building, paving, grading or construction permit for
any residential use, a landscape plan shall be submitted to the town planning
and zoning administrator. The administrator shall review such plans and shall
approve same if the plans are in accordance with the criteria of these
regulations. If the plans are not in accord, they shall be disapproved and shall
be accompanied by a written statement setting forth the changes necessary for
compliance. The landscape plan may be revised by the owner at any time the
plan varies substantially from what was originally approved. Such revision
should be submitted to the town planning and zoning administrator for
approval.
(B) Planting of the landscaping may be postponed for one year following
completion of construction if the building party represents a builder and is not
intended to reside at that location. In such cases, the permanent resident/owner
may revise any landscape plan which has been previously submitted by a
builder and approved by the town, and must complete the planting of either the
previously approved or revised landscaping within a twelve (12) month period.
(4) Content of the landscape plan. The owner/builder shall provide a drawing illustrating
the entire landscape plan for the property. The landscape plan shall contain, at
minimum, the information contained hereinbelow. Caliper inches shall be measured
twelve inches (12") above final grade adjacent to the trunk of the tree:
(A) It is not necessary that the landscape plan be drawn to scale; however, it is to
be drawn such that the physical relationship of property, structures, and
landscaping are easily discernible. All applicable requirements relative to trees
as specified in article VIII of the subdivision regulations of the town [article
10.02, division 8 of the Code of Ordinances], as amended, shall be met by the
builder/owner.
(B) A tree survey meeting the requirements of article VIII of the subdivision
regulations of the town [article 10.02, division 8 of the Code of Ordinances], as
amended, shall be provided. Such survey shall show the location of all trees to
be preserved, relocated, replanted and/or removed.
(C) The location of all plants and landscaping material to be added, including but
not limited to, plants, paving, benches, screens, fountains, statues or other
landscape features shall be shown on the landscape plan. All trees for which a
removal or replanting permit is required shall be identified as required by
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article VIII of the subdivision regulations of the town [article 10.02, division 8
of the Code of Ordinances], as amended.
(D) Species of all plant material to be used shall be identified on the landscape
plan; provided however, that as required by article VIII of the subdivision
regulations of the town [article 10.02, division 8 of the Code of Ordinances],
and all amendments thereto, trees shall be of a species required by such article
VIII.
(E) Size of all plant material to be used shall be identified on the landscape plan.
As required by article VIII of the subdivision regulations of the town [article
10.02, division 8 of the Code of Ordinances], and all amendments thereto, all
trees shall meet the sizing requirements specified in such article VIII.
(F) Spacing of plant material shall be identified on the landscape plan. As required
by article VIII of the subdivision regulations of the town [article 10.02,
division 8 of the Code of Ordinances], and all amendments thereto, trees shall
meet the spacing requirements set forth in such article VIII.
(G) Layout and description of irrigation, sprinkler or water systems, including
placement of water sources, shall be identified on the landscape plan.
(H) In addition to meeting the requirements of this section, the owner/builder shall
comply with all applicable requirements of article VIII of the subdivision
regulations of the town [article 10.02, division 8 of the Code of Ordinances], as
amended. Where any of the provisions of this section conflict with article VIII
of the subdivision regulations of the town, as amended, the requirements of
article VIII shall control as applicable.
(h) Requirements for nonresidential districts and uses. The following requirements shall be
additional requirements for landscaping located in all districts not specifically zoned for
residential use, by either “straight zoned” districts or by planned unit developments.
(1) Permits.
(A) No permits shall be issued for building, paving, grading, or construction until a
landscape plan is submitted and approved by the planning and zoning
commission. In the event that the proposed development required an approved
subdivision plat or site plan, no such final approval shall be granted unless a
landscape plan is submitted and approved.
(B) In any case in which a certificate of occupancy is sought at a season of the year
in which the planning and zoning commission determines that it would be
impractical to plant trees, shrubs, or grass, or to lay turf, a certificate of
occupancy may be issued notwithstanding the fact that the landscaping
required by the landscape plan has not been completed. Provided, however,
that the required landscaping shall be installed within twelve (12) months of
the issuance of the certificate of occupancy.
(2) Landscape plans. Prior to the issuance of a building, paving, grading, or construction
permit, a landscape plan shall be submitted to the town planning and zoning
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commission. The commission shall review such plans and shall approve same if the
plans are in accordance with the criteria of these regulations. If the plans are not in
accord, they shall be disapproved and shall be accompanied by a written statement
setting forth the changes necessary for compliance.
(3) Content of landscape plans. Landscaping plans shall be prepared by a landscape
architect, landscape contractor, or landscape designer knowledgeable in plants,
materials, and landscape design. Landscape plans shall contain the following
information:
(A) Minimum scale of one inch equals fifty feet (50');
(B) Location of all trees to be preserved;
(C) Location of all plants and landscaping material to be used, including plants,
paving, benches, screens, fountains, statues, or other landscape features;
(D) Species of all plant material to be used;
(E) Size of all plant material to be used;
(F) Spacing of plant material where appropriate;
(G) Layout and description of irrigation, sprinkler, or water systems, including
placement of water sources;
(H) Description of maintenance provisions for the landscape plan;
(I) Person(s) responsible for the preparation of the landscape plan.
(J) If a tree removal permit and/or a tree replanting permit is required by article
VIII of the subdivision regulations of the town [article 10.02, division 8 of the
Code of Ordinances], as amended, the owner/builder shall comply with the
requirements of article VIII prior to the issuance of a tree removal permit.
(K) A tree survey shall be provided as required by article VIII of the subdivision
regulations of the town [article 10.02, division 8 of the Code of Ordinances], as
amended.
(L) In addition to meeting the requirements of this section, the owner/builder shall
comply with all applicable requirements of article VIII of the subdivision
regulations of the town [article 10.02, division 8 of the Code of Ordinances], as
amended. Where any of the provisions of this section conflict with article VIII
of the subdivision regulations of the town, as amended, the requirements of
article VIII shall control.
(4) Minimum requirements for off-street parking and vehicular use areas. Parking lots,
vehicular use areas and parked vehicles are to be effectively screened, from the
public view and adjacent property. Both the interior and perimeter of such areas shall
be landscaped in accordance with the following criteria. Areas used for parking or
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vehicular storage which are under, on or within buildings are exempt from these
standards.
(A) Interior landscaping. A minimum of ten (10) percent of the gross parking areas
shall be devoted to living landscaping which includes grass, ground cover,
plants, shrubs and trees. Gross parking area is to be measured from the edge of
the parking and/or driveway paving and sidewalks. The following additional
criteria shall apply to the interior of parking lots:
(i) Interior landscape areas shall be protected from vehicular encroachment
of overhang through appropriate wheel stops or curbs.
(ii) There shall be a minimum of one (1) tree planted for each four hundred
(400) square feet or fraction thereof of required interior landscape area.
(iii) Interior areas of parking lots shall contain planter islands located so as to
best relieve the expanse of paving. Planter islands must be located no
further apart than every twelve (12) parking spaces and at the terminus of
all rows of parking. Such islands shall contain at least one (1) tree. The
remainder shall be landscaped with shrubs, lawn, ground cover and other
appropriate material not to exceed three feet (3') in height. Interior
planter islands shall have a minimum size of ten feet (10') by twenty feet
(20').
(iv) The planning and zoning commission may approve planter islands
required by this section to be located further apart than twelve (12)
parking spaces in order to preserve existing trees in interior parking
areas. Off-street parking and drive areas located within the drip line of a
tree shall be paved with permeable material approved by the commission
when the drip line of an existing tree is larger than planter islands
required by this section.
(B) Perimeter landscaping. All parking lots and vehicular use areas shall be
screened from all abutting properties and/or public rights-of-way with a wall,
fence, hedge, berm or other durable landscape barrier. Any living barrier shall
be established in a two feet (2') minimum width planting strip. Plants and
materials used in living barriers shall be at least thirty inches (30") high at the
time of planting and shall be of a type and species that will attain a minimum
height of three feet (3') one year after planting. Any landscape barrier not
containing live plants or trees shall be a minimum of three feet (3') high at time
of installation. Perimeter landscaping shall be designed to screen off-street
parking lots and other vehicular use areas from public rights-of-way and
adjacent properties.
(i) Whenever an off-street parking or vehicular use area abuts a public right-
of-way, a perimeter landscape area of at least fifteen feet (15') in depth
shall be maintained between the abutting right-of-way and the off-street
parking or vehicular use area. An appropriate landscape screen or barrier
shall be installed in this area and the remaining area shall be landscaped
with at least grass or other ground cover. Necessary accessways from the
public right-of-way shall be permitted through all such landscaping. The
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maximum width for accessways shall be: fifty feet (50') for
nonresidential two-way movements; thirty feet (30') for residential two-
way movements; twenty feet (20') for nonresidential one-way
movements; and fifteen feet (15') for residential one-way movements.
(ii) Whenever an off-street parking or vehicular use area abuts an adjacent
property line a perimeter landscape area of at least ten feet (10') in width
shall be maintained between the edge of the parking area and the
adjacent property line. Landscaping will be designed to visually screen
the parking area. Whenever such property is zoned or used for residential
purposes, the landscape buffer shall include a wall, fence, hedge, or berm
not greater than eight feet (8') in height nor less than four feet (4') in
height.
(iii) Perimeter landscape areas shall contain at least one tree for each thirty
(30) lineal feet or fraction thereof of perimeter area and shall be three
feet (3') high within one year after time of planting.
(5) Landscaping requirements for non-vehicular open space. In addition to the
landscaping of off-street parking and vehicular use areas, all remaining open spaces
on any developed lot or parcel shall conform to the following minimum
requirements:
(A) Grass, ground cover, shrubs and other landscape material shall be used to cover
all open ground within twenty feet (20') of any building or paving or other use
such as storage.
(B) All structures shall be treated with landscaping so as to enhance the appearance
of the structure and to screen any detractive or unsightly appearance.
(C) Landscaping shall be provided on each developed lot in accordance with the
following standards:
(i) In all residential zoning districts, a minimum of fifteen percent (15%) of
the landscaping shall be located in the required front yard.
(ii) In all nonresidential zoning districts, a minimum of fifteen percent
(15%)of the total site area shall be devoted to feature landscaping with
not less than fifty (50%) percent of the landscaping being located in the
required front yard.
(D) Trees shall be planted in non-vehicular open space to meet the following
requirements. Existing trees that are preserved on a developed site may be
credited to the following requirements:
Percentage of Site in
Non-Vehicular Open Spaces
Tree Ratio per
Non-Vehicular Open Space
Less than 30 6 trees/2,500 sq. ft.
30 - 49 7 trees/3,000 sq. ft.
Over 50 9 trees/4,000 sq. ft.
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(i) Applicability - Relief from landscaping requirements. Relief from landscaping
requirements may be considered in situations where the individual characteristics of or
circumstances associated with a particular location limit the applicant’s ability to comply with the
landscaping requirements of this ordinance, such as the presence of existing facilities and unusual
topography. An applicant seeking such relief shall submit an application specifically identifying
the justification for the requested relief and comply with the following procedure:
(1) An applicant shall submit an alternate landscape plan to the planning and zoning
administrator. In addition to complying with all requirements of section 14.02.352 of
this article regarding the contents of landscape plans, such alternate plan shall
identify the specific provisions of section 14.02.352 from which relief is sought and
shall include a detailed written justification for the requested relief, specifically
identifying reasons why he or she is unable to comply with existing landscape
requirements.
(2) Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to
landscape, including but not limited to identifying the amount, type and placement of
plant materials, the proposed plan for irrigation, and a phasing schedule for
completing the plan when applicable.
(3) The landscape plan may be submitted either with a site plan or may be submitted
separately.
(4) Upon receipt of a completed application, the P&Z administrator shall forward such
application to the planning and zoning commission for review and recommendation
to the town council.
(Ordinance 2000-06, sec. XLVII, adopted 3/21/00; Ordinance 2001-29, sec. IV, adopted
12/17/01; Ordinance 2003-25, sec. III, adopted 12/17/03; 2006 Code, ch. 13, sec. 7.03)
Sec. 14.02.353 Off-street parking regulations
In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-
street parking space in accordance with the following requirements:
(1) Minimum off-street parking requirements. The minimum number of off-street
parking spaces herein required shall be computed and provided in accordance with
the following specifications:
(A) The number of spaces required shall serve residents, customers, patrons,
visitors and employees.
(B) Each parking space shall have adequate drives and room for ingress and egress
to each parking space with a minimum size of eight feet (8') by twenty-two feet
(22') for each parallel parking space and nine feet (9') by eighteen feet (18') for
each angular head-in parking space, and shall be designed in accordance with
minimum town standards.
(C) All maneuvering for off-street parking shall be accomplished on private
property.
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(D) Parking facilities that are within sixty feet (60') of a residentially zoned district
shall be separated from said district by a decorative masonry wall at least eight
feet (8') high or a combination of berm, fence, or wall at least eight feet (8') in
height.
(E) Boats, recreational vehicles, and trailers are not permitted to be parked in any
zoning district unless the vehicles are totally enclosed by a building structure.
(2) Unclassified use. Where the proposed land use cannot be classified within the uses
herein specified, the town council shall determine the specified use most clearly
related to the proposed use and the minimum requirements for the specified use so
determined shall apply to the proposed use.
(3) Number of parking spaces required. The minimum number of off-street parking
spaces required shall be as follows:
Use
No. of
Parking
Spaces
Required for Each
(A) Residential uses
Single-family dwellings; attached,
detached, townhouse, duplex, HUD-
code manufactured home,
industrialized housing
2 Dwelling unit
Apartment, condominiums, triplex,
four-plex
2 – 2-1/2 Dwelling unit
(B) Institutional uses
Church 1 4 seats in main sanctuary, or for each
28 square feet in the main sanctuary, or
for each 200 sq. ft. of bldg. area,
whichever is greatest
Public, community, health welfare
center
1 200 sq. ft. of gross floor area
Institution; religious, charitable or
philanthropic organization
1 200 sq. ft. of gross floor area
Place of public assembly 1 3 seats
Day camp, kindergarten, or day
nursery
1 5 pupils
Governmental office buildings,
libraries, museums
1 200 sq. ft. of gross floor area
School, elementary 1 20 students (design capacity)
School, junior high 1 15 students (design capacity)
School, senior high 1 3 students (design capacity)
School, private 1 10 students
Lodge or fraternal organizational
building
1 200 sq. ft. of gross floor area
Eating or drinking establishment, no
service to auto
5 Plus 1 for each 3 seats (design
capacity)
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Use
No. of
Parking
Spaces
Required for Each
(C) Office, professional or
financial uses
Bank or savings and loan office 1 300 sq. ft. of gross floor area
Medical or dental clinics 5 Plus 1 space for each 150 sq. ft. of
gross floor area
Office, general 5 Plus 1 space for each 300 sq. ft. gross
floor area
Dance, drama or music studio 1 2 students (design capacity)
(D) Professional services and retail
uses:
Personal service establishment 5 Plus 1 space for each 200 sq. ft. of
gross floor area
Retail establishments in buildings 5 Plus 1 space for each 200 sq. ft. of
gross floor area
Beauty/barber shop 1 50 sq. ft. of gross floor area
Outside retail shop 1 600 sq. ft. of gross floor area
Coin-operated or self-serve laundry
or dry cleaning
1 2 washing machines
Drive-through eating establishment 1 75 sq. ft. gross floor area
Cafe, restaurant, cafeteria 1 125 sq. ft. gross floor area
(E) Recreation, social and
entertainment uses
Indoor commercial amusements 1 Per 100 sq. ft. of enclosed floor area
Theater 1 4 seats
Batting cage, driving range 1 Cage or tee
Golf course 30 Plus 3 spaces
(4) Exceptions. Groups of uses requiring vehicle parking space may join in establishing
group parking areas with capacity aggregating that required for each particular use.
Where it can be established before the building official that parking for two (2)
specific uses occurs at alternating periods, the parking space requirements of the use
requiring the greater number of spaces may be applied to both uses in a combined
parking area.
Example: Church and professional office building.
(Ordinance 98-29, sec. XLVIII, adopted 12/1/98; Ordinance 2000-06, sec. XLVIII, adopted
3/21/00; 2006 Code, ch. 13, sec. 7.04)
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Sec. 14.02.354 Off-street loading regulations
In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-
street loading facilities in accordance with the following requirements:
(1) Minimum off-street loading requirements. The minimum number of off-street
loading spaces herein required shall be computed and provided in accordance with
the following classifications:
(A) Any department store, retail establishment, storage warehouse, or wholesale
establishment, which has an aggregate gross floor area of ten thousand (10,000)
square feet or more, arranged, intended or designed for such use shall be
provided with off-street truck loading zones or docks at least twelve feet (12')
wide, fourteen feet (14') high and thirty-five feet (35') long in accordance with
the following table:
Square Feet of
Aggregate Gross Floor Area
Required
Number of Spaces
0 to 40,000 1
40,001 to 100,000 2
100,001 to 160,000 3
160,001 to 240,000 4
240,001 to 320,000 5
320,001 to 400,000 6
400,001 to 490,000 7
For each 90,000 over 490,000 1 additional
(B) Any restaurant arranged, intended or designed for such use shall be provided
with off-street truck loading zones or docks at least twelve feet (12') wide,
fourteen feet (14') height and thirty-five feet (35') long in accordance with the
following table:
Square Feet of
Aggregate Gross Floor Area
Required
Number of Berths
150,000 or less 1
150,001 to 400,000 2
400,001 to 660,000 3
660,001 to 970,000 4
970,001 to 1,300,000 5
1,300,001 to 1,630,000 6
1,630,001 to 1,960,000 7
1,960,001 to 2,300,000 8
For [each] 350,000 over 2,300,000 1 additional
(Ordinance 98-29, sec. XLIX, adopted 12/1/98; Ordinance 2000-06, sec. XLIX, adopted 3/21/00;
2006 Code, ch. 13, sec. 7.05)
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Sec. 14.02.355 Parking and loading area development standards for nonresidential uses
(a) Location of parking facilities. The off-street parking facilities required for the uses
mentioned in this ordinance and other similar uses shall be on the same lot or parcel of land as the
structure they are intended to serve.
(b) Site approval. All off-street parking and loading structures shall be subject to town design
standards.
(c) Entrances and/or exits. Entrances and/or exits on a public street shall not be located less
than one hundred fifty feet (150') from the nearest point of intersection of two (2) street right-of-
way lines unless the tract is not of sufficient size to accommodate this restriction. In that instance,
the driveway shall be located as far as possible from the intersection. The width of opening on
entrances and/or exits shall not be less than twelve feet (12') nor more than forty feet (40')
depending on the amount of lot frontage where such opening is to be located. Only one driveway
approach shall be permitted on any parcel of property with a frontage on a public street with a lot
width of one hundred fifty feet (150') or less. Additional openings for parcels of property having a
frontage of one hundred fifty feet (150') or less, may be permitted after proof of necessity and
convenience has been established by evidence submitted to the town engineer. Between any two
(2) adjacent entrances and/or exits serving the same parking facility, there shall be no less than
twenty feet (20').
(d) Relation to residential districts. No loading space shall be located closer than fifty feet (50')
to any lot in any residential district, unless wholly within a completely enclosed building or
unless enclosed on all sides by a decorative masonry wall not less than eight feet (8') in height.
(e) Lighting facilities. Lighting facilities, if provided, shall be so arranged as to be reflected
away from residentially zoned or used property. They shall provide illumination within the
parking facility not to exceed one footcandle at ground level, and shall distribute not more than
two-tenths (0.2) of one footcandle of light upon any adjacent residentially zoned district.
(f) Use. The parking area shall be used for passenger vehicles only, and in no case shall be
used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment,
materials or supplies.
(g) Location of off-street loading facilities. The off-street loading facilities required for the
uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land
as the structure they are intended to serve.
(h) Vehicle stopping device. All parking, loading spaces, and vehicle sales areas on private
property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles
in any required landscaped areas, [and] to prevent any parked vehicle from overhanging a public
right-of-way line or public sidewalk. An over-wide sidewalk on private property may be
permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed
three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent
to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public
right-of-way in any case.
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(i) Driving lane widths. Driving lane widths in all private parking lots shall conform to the
following standards:
0 degrees - 34 degrees 18 feet minimum
35 degrees - 90 degrees 24 feet minimum
All centerline turning radii 30 feet minimum
(j) Front yard parking in nonresidential districts. In nonresidential districts, surface parking
may extend to the front property line, except for required screening and landscaping as set forth
in the various sections of this ordinance.
(k) Fractional spaces. In determining the required number of parking spaces, fractional spaces
shall be counted to the next whole space.
(l) Parking structures. Floor area of structures devoted to off-street parking of vehicles shall be
excluded in computing the floor area for off-street parking requirements.
(m) Use of private drives. Kindergartens, day schools, and similar child training and care
establishments shall provide loading and unloading space on a private drive and off-street to
accommodate one motor vehicle for each ten (10) students or children cared for by the
establishment.
(Ordinance 98-29, sec. L, adopted 12/1/98; Ordinance 2000-06, sec. L, adopted 3/21/00; 2006
Code, ch. 13, sec. 7.06)
Secs. 14.02.356–14.02.400 Reserved
Division 8. Administration and Enforcement
Sec. 14.02.401 Administration and enforcement
(a) Authorization. The town planning and zoning administrator shall be authorized to carry out
the duties of the office of planning and zoning administrator under this ordinance and expend
funds as shall be approved from time to time by the town council.
(b) Duties of the planning and zoning administrator. In furtherance of this authority and in
addition to the duties designated to him under this ordinance and other ordinances of the town,
the planning and zoning administrator or his duly designated and authorized representative shall:
(1) Receive applications for building permits for the construction, erection, alteration,
enlargement, and removal of buildings, structures and signs; receive applications for
permits for the use of any premises for a parking lot, open sales lot, or other purposes
where a building permit is not required; notify applicants of all town ordinances
pertaining to said applications; issue permits applied for as soon as practicable where
the plans are found to comply with the provisions of this ordinance and all other town
laws and ordinances applicable thereto; make and maintain records thereon; and in
connection with such duties interpret the provisions of this ordinance.
(2) Receive applications for certificates of occupancy and compliance for buildings,
structures and signs for which building permits have been issued, and which have
been constructed, erected, altered, enlarged or moved in accordance with such
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permits and are ready for use and occupancy; receive applications for certificates of
use and occupancy for any premises developed or improved as a parking lot, open
sales lot or other purposes where a building permit is not required; notify applicants
of town ordinances pertaining to said applications; issue certificates of occupancy
and compliance applied for as soon as possible after verification of each written
application; and in connection with such duties interpret the provisions of this
ordinance.
(3) Receive applications for conditional use permits pursuant to section 14.02.301 of this
article.
(4) Receive petitions for amendments to the text of the zoning ordinance and for the
rezoning of property that is subject to this ordinance.
(5) Provide such clerical and technical assistance to the town council, planning and
zoning commission, and zoning board of adjustment as they may require in the
performance of their duties under this ordinance.
(6) Conduct inspections of buildings, structures, and uses of any premises to determine
compliance with the terms of this ordinance and issue certificates of inspection where
compliance with the ordinance has been verified.
(7) Conduct inspections of buildings, structures, signs and uses of any premises to
determine compliance with the terms of any application, permit or certificates issued
by his office.
(8) Maintain permanent and current records of official actions on all building permits,
certificates of inspection, conditional uses, variances, vested rights determinations,
appeals and applications therefor and all functions of the office of planning and
zoning administrator related to the administration of this ordinance.
(9) Prepare and have available in book, pamphlet or map form, on or before March 1 of
each year:
(A) The compiled text of the zoning ordinance and amendments thereto, including
all amendments adopted through the preceding December 31; and
(B) A zoning map or maps, showing the zoning districts, divisions and
classifications in effect on the preceding December 31.
(10) Maintain for distribution to the public a supply of copies of the zoning map or maps,
the compiled text of the zoning ordinance, and the rules of the zoning board of
adjustment and the planning and zoning commission. A reasonable fee for each copy
shall be charged to defray the cost of printing.
(c) Inspection and right of entry. The planning and zoning administrator, or his duly authorized
representatives, including, but not limited to, the town building official, are hereby authorized to
make inspections of all buildings, structures and premises located within the town to determine
their compliance with the provisions of this ordinance. For the purpose of making such
inspection, the planning and zoning administrator, and his authorized representatives, are hereby
authorized to examine and survey all buildings, structures and premises within the town. Such
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inspections shall be made between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00)
p.m. on any days except Sunday, subject to the following standards and conditions:
(1) Such inspections may take place if a complaint respecting said premises has been
received by the planning and zoning administrator and such complaint, in his
opinion, provides reasonable grounds for belief that a violation exists, or such
inspection is undertaken as part of a regular inspection program whereby certain
areas of the town are being inspected in their entirety.
(2) Such inspection shall be made by the planning and zoning administrator or by any
duly authorized representative upon his direction.
(3) Any person making such inspection shall furnish to the owner or occupant of the
structure sought to be inspected sufficient identification and information to enable the
owner or occupant to determine that he is a representative of the town and to
determine the purpose of said inspection. The planning and zoning administrator, or
his duly authorized representative, may apply to any court of competent jurisdiction
for a search warrant or other legal process for the purpose of securing entry to any
premises if the owner shall refuse to grant entry.
(d) Notice of violation.
(1) Whenever the planning and zoning administrator, or one of his authorized
representatives, determines that there are reasonable grounds to believe that a
violation of any provision of this ordinance exists on any parcel of land within the
town, he shall give notice of such alleged violation to the owner or agent or occupant
of said parcel as hereinafter provided. Such notice shall:
(A) Be in writing and include a statement of any alleged violations.
(B) Allow a reasonable time for the correction of any violation or the performance
of any other required act.
(C) Be served upon the owner or his agent or the occupant, as the case may require;
provided that such notice shall be deemed to be properly served upon such
owner or agent, or upon such occupant, if a copy thereof (i) is served upon him
personally, or (ii) is sent by certified mail to his last known address; or (iii) is
posted in a conspicuous place in or about the building, structure or premises
affected by the action.
(2) When an inspection of a building, structure or premises indicates that no violations of
this ordinance exist, and that no violations of any other ordinance administered by the
planning and zoning administrator exist, he shall cause to be issued to the owner of
said property a certificate of inspection attesting to the fact.
(Ordinance 98-29, sec. LI, adopted 12/1/98; Ordinance 2000-06, sec. LI, adopted 3/21/00; 2006
Code, ch. 13, sec. 8.01)
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Sec. 14.02.402 Certificates of occupancy and compliance
(a) Issuance of certificate of occupancy. No existing building and no building hereafter erected
or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a
certificate of occupancy and compliance shall have been issued by the planning and zoning
administrator stating that the building and proposed use of the building or land complies with all
of the health laws, building code ordinances, ordinances relating to electrical and plumbing
installations, [and] with the provisions of this ordinance and all other applicable town ordinances.
Certificates of occupancy and compliance shall be applied (for) to coincide with the application
after the erection or structural alteration of such building shall have been completed in conformity
with the provisions of this ordinance and the laws and ordinances above mentioned. A record of
all certificates shall be kept on file in the office of the planning and zoning administrator and
copies shall be furnished on request to persons having a proprietary or tenancy interest in the
building or land affected.
(b) Preexisting structures. The use of a building already erected at the time of passage of this
ordinance shall not be changed from one class of use to another or changed by a change in the
party or parties occupying the building, unless and until a certificate of occupancy and
compliance under the provisions of this ordinance shall have been obtained from the planning and
zoning administrator.
(c) Connection of utilities. It shall be unlawful for any public utility, including the town, or any
person within their employment to connect any water, gas or electrical service to any building or
property unless a certificate of occupancy and compliance has been issued by the planning and
zoning administrator of the town.
(Ordinance 98-29, sec. LII, adopted 12/1/98; Ordinance 2000-06, sec. LII, adopted 3/21/00; 2006
Code, ch. 13, sec. 8.02)
Sec. 14.02.403 Amendments
(a) Application for zoning changes.
(1) Any person, firm or corporation requesting change in zoning of any property from
one district classification to another district classification under this ordinance shall
make an application in writing to the town planning and zoning commission
requesting change in zoning, which application shall contain the following
information:
(A) Legal description of the land on which a zoning change is requested, together
with the local street address.
(B) Name and address of the owner of the property.
(C) Name and address of the person making the application, if made by anyone
other than the owner, together with a statement that the person making the
application is authorized to act for the owner in making the application.
(D) District use under which the property is regulated at the time of making
application and the district use requested by the applicant.
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(E) Any other information concerning the property as may be reasonably requested
by the planning and zoning commission.
(2) Upon the filing of an application for a change in zoning with the planning and zoning
commission, the applicant shall pay to the town a fee as defined in the adopted
schedule of fees of the town, no part of which shall be returnable, regardless of the
action taken on the request.
(3) A waiting period of one year is hereby established between the date an application
for amendment to the zoning ordinance or a requested change in zoning is denied by
the town council and a new application for such a change or amendment is accepted.
The one-year waiting period shall be applicable to all requested amendments and
changes for the same zoning district, or districts and/or principal use(s), on all or any
portion of the property previously considered for amendment or change in zoning;
provided, however, said one-year waiting period shall be not applicable to any
proposed amendment or change instituted by the town council or planning and
zoning commission, or any proposed amendment or change denied without prejudice
by the town council.
(4) The town shall have at least one sign erected on any property upon which a zoning
change requested has been filed. Such sign or signs shall, if possible, be located
adjacent to a public thoroughfare in a visible location. Such sign shall be removed
immediately after final action by the town council or when the applicant withdraws
the request, whichever comes first. The sign shall contain a notice of the rezoning,
and the agency and telephone number from which information relative to the
rezoning request may be obtained. Accompanying every petition for amendment of
this ordinance shall be a required statement signed by the applicant authorizing the
placement of such or signs by the town. The erection or continued maintenance of the
sign or signs shall not be deemed a condition precedent to the granting of any zoning
change or the holding of any public hearing.
(b) Changes and amendments.
(1) Any person, corporation or group of persons having a proprietary interest in any
property, upon proof of such interest, may petition the town council for a change or
amendment to the provisions of the zoning ordinance or the zoning map, or the town
planning and zoning commission may, on its own motion, institute proposals for
change and amendment to the ordinance or the map in the public interest. All
petitions for the amendment of this ordinance shall bear the signature of the owners
of all property within the area of request.
(2) The town council may from time to time amend, supplement, or change by ordinance
the boundaries of the district or regulations herein. Before taking action on any
proposed amendment, supplement, or change, the town council shall submit the same
to the town planning and zoning commission for its recommendation and report.
(3) If such proposed amendment, supplement or change has been denied by the town
planning and zoning commission, or if a protest against such proposed amendment,
supplement or change has been filed with the town secretary, duly signed and
acknowledged by the owners of twenty percent (20%) or more, either of the area of
the lots included in such proposed change or those immediately adjacent to and
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extending two hundred feet (200') therefrom, such amendment shall not become
effective except by a three-fourths (3/4) vote of the members of the town council.
(Ordinance 98-29, sec. LIII, adopted 12/1/98; Ordinance 2000-06, sec. LIII, adopted 3/21/00;
2006 Code, ch. 13, sec. 8.03)
Sec. 14.02.404 Planning and zoning commission
(a) Composition. The planning and zoning commission shall be composed of seven (7)
members to be appointed by the town council.
(b) Terms of office. Members of the commission shall be appointed by the town council for a
two-year term but serve at the pleasure of subject to reappointment by the town council. The
planning and zoning commissioners shall serve offsetting terms. Three commissioners shall be
appointed to serve one (1) year terms for the first year of the planning and zoning commission;
and four commissioners shall be appointed to serve two (2) year terms for the first year of the
planning and zoning commission. All successive terms shall be served on the basis of two (2)
year terms for all commissioners. In the event that a vacancy occurs on the planning and zoning
commission, the town council will appoint a new member to complete the unexpired term. A
member of the commission ceasing to reside in the town, or elected to public office during his or
her term of office shall immediately forfeit his or her office.
(c) Quorum. Any four (4) members shall constitute a quorum for the transaction of business.
The affirmative vote of a majority of those attending any meeting at which there is a quorum
present shall be necessary to pass any motion, recommendation or resolution of the planning and
zoning commission.
(d) General duties. The planning and zoning commission shall, from time to time, either at its
discretion or as requested by the town council, submit its reports, plans and recommendations for
the orderly growth, development and welfare of the town in accordance with chapter 283, Acts of
the Regular Session of the Legislature, 1927, being articles [sections] 211.001 to 211.013 of the
Texas Local Government Code. Such commission shall also perform other duties as may be
prescribed by ordinance or state law, or as follows:
(1) To recommend the boundaries of the various districts and appropriate regulations to
be enforced therein under this ordinance, the ordinances of the town, or the laws of
the State of Texas; and
(2) To recommend approval or denial of zoning changes and regulations under this
ordinance, the ordinances of the town or the laws of the State of Texas; and
(3) To hear, recommend, or determine any matter relating to zoning, planning or
subdivision control as may be specified or required under this ordinance, the
ordinances of the town, or the laws of the State of Texas; and
(4) To exercise such duties and powers as may be now or hereafter conferred by this
ordinance, the ordinances of the town, or applicable laws of the State of Texas; and
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(5) To recommend to the town council amendments to the town’s zoning ordinances
which it deems necessary to clarify the classification of any use, new or otherwise not
listed or identified within this ordinance, for the purpose of establishing the
appropriate zoning district into which such use should be placed; and
(6) To interpret the intent of the official zoning map where uncertainty exists because the
physical features on the ground vary from those on the official zoning map and none
of the rules set forth in this ordinance apply; and
(7) Upon request by the planning and zoning administrator, to recommend to the town
council amendments to the town’s zoning ordinances which it deems necessary to
clarify the intent or meaning of any provision of this ordinance where uncertainty
exists regarding the interpretation of such provision.
(e) Citizen of Trophy Club. Each member of the planning and zoning commission shall be a
resident citizen of the town at the time of his or her appointment.
(f) Removal. Any member of the planning and zoning commission may be removed from
office for any cause deemed by the town council to be sufficient for removal of said member. If a
vacancy should exist in the planning and zoning commission membership due to removal from
office, resignation, death, refusal or inability to serve, the town council shall appoint a new
member to fill the vacancy.
(g) Attendance. Three consecutive absences that are not excused by the commission, or the
absence of a regular member from more than twenty-five percent of the posted meetings in any
six (6) month period, shall cause the planning and zoning commission to review the attendance
record of the member and make a recommendation to the council on the appointment.
(h) Officers. The town council shall appoint a chairman and vice-chairman of the planning and
zoning commission to serve at the pleasure of the town council. The chairman shall preside over
all meetings of the commission. The vice-chairman shall perform the duties of the chairman in his
or her absence or inability to act.
(i) Meetings.
(1) All meetings of the planning and zoning commission shall be open to the public. The
commission shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall be filed in the
office of the planning administrator and shall be a public record The planning
administrator of the town shall be the custodian and possessor of the records and
minutes of the planning and zoning commission.
(2) Meetings of the planning and zoning commission may be held as often as necessary
to conduct the business coming before the commission and shall be held at the call of
the chairman and at such other times as the commission may determine.
(Ordinance 98-29, sec. LIV, adopted 12/1/98; Ordinance 2000-06, sec. LIV, adopted 3/21/00;
2006 Code, ch. 13, sec. 8.04)
Charter reference–Planning and zoning commission, section 8.03 et seq.
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Sec. 14.02.405 Zoning board of adjustment
(a) Creating zoning board of adjustment. There is hereby created a zoning board of adjustment
which shall consist of five (5) regular members, each to be appointed by a majority of the town
council for a term of two (2) years.
(b) Membership. In addition to the five (5) regular members of the zoning board of adjustment,
four (4) alternate members of the zoning board of adjustment, who shall serve in the absence of
one or more regular members when requested to do so by the mayor, shall be appointed by a
majority of the town council, so that all cases heard by the zoning board of adjustment will
always be heard by a minimum of four (4) members.
(c) Term of membership. Regular members and alternate members of the zoning board of
adjustment shall serve a term of two (2) years and until their successors are appointed and
qualified. Regular and alternate members of the zoning board of adjustment may be removed
from office for cause by the town council upon written charges and after a public hearing.
(d) Officers. The zoning board of adjustment shall select from among its regular members, a
chairman, an acting chairman to act in the absence of the chairman, and a secretary.
(e) Rules governing zoning board of adjustment. The zoning board of adjustment may adopt
rules to govern its proceedings and conduct of the business before the board. Any rule or rules
shall be adopted by a resolution by the board, entered upon the minutes of the board and a copy
thereof shall be filed with the town secretary.
(f) Meetings. Meetings of this board shall be held at the call of the chairman, and at such other
times as the board may determine. Such chairman or, in his absence, the acting chairman, shall
administer oaths and compel attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote of each member
upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be filed in the office of the board
and shall be a public record. All matters before the board of adjustment on matters of appeal,
variance, special exception, or other matter as specified by ordinance, shall be held as a public
hearing in accordance with the provisions of section 14.02.406, Public Hearings.
(g) Appeals to zoning board of adjustment. Appeals to the zoning board of adjustment may be
taken by any person aggrieved, or by any officer, department, board, bureau or agency of the
town affected by any decision of the building inspector or other administrative officer of the town
relative to the zoning ordinance. Such appeal shall be taken within fifteen (15) days after the date
of the decision of the building inspector or other administrative officer has been rendered, by
filing with the officer from whom the appeal is taken and with the zoning board of adjustment a
notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all papers constituting the record from which the appeal was
taken.
(1) A filing fee in the amount established by the fee schedule to help pay a part of the
cost of legal publication, accumulating engineering data, and other administrative
costs shall accompany each notice of appeal filed with the zoning board of
adjustment.
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(2) An appeal shall stay all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the zoning board of
adjustment after the notice of appeal shall have been filed with him that by reason of
facts stated in the certificate a stay would, in his opinion, cause imminent peril to life
or property. In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the zoning board of adjustment or a court
of record on application or notice to the officer from whom the appeal is taken and on
due cause shown.
(3) The zoning board of adjustment shall fix a reasonable time for the hearing of an
appeal, give notice thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon hearing, any party may appear in person, by
agent or by attorney.
(h) Authority of zoning board of adjustment. The zoning board of adjustment shall have the
following powers:
(1) To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official of the town
in the enforcement of this ordinance.
(2) To hear and decide special exceptions to the terms of this ordinance upon which the
board is required to pass under this ordinance, if any.
(3) To authorize upon appeal in special cases, such variances from the terms of this
ordinance as will not be contrary to the public interest, where, owing to special
conditions, the literal enforcement of the provision of this ordinance will result in
unnecessary hardship, so that the spirit of this ordinance shall be observed and
substantial justice done.
(4) To permit in any district such modification of the requirements of the district
regulations as the board may deem necessary to secure an appropriate development
of a lot where adjoining such lot on two (2) or more sides there are lots occupied by
buildings which do not conform to the regulations of the district.
(i) Exercising of powers. In exercising its powers, the zoning board of adjustment may, in
conformity with the provisions of this ordinance and the provisions of chapter 211 of the Texas
Local Government Code, as amended, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as should be made, and to that end shall have all the
powers of the officer from whom the appeal is taken.
(1) The concurring vote of four (4) members of the board shall be necessary to revise any
order, requirement, decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is required to pass
under the ordinance, or to effect any variation to this ordinance.
(2) Any person or persons, jointly or severally, aggrieved by any decision of the zoning
board of adjustment, or any taxpayer, or any officer, department, board or bureau of
the town may present to a court of record a petition, duly verified, setting forth that
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such decision is illegal, in whole or part, specifying the grounds of the illegality.
Such petition shall be presented to the court within ten (10) days after the filing of the
decision in the office of the zoning board of adjustment.
(j) Waiting period. No appeal to the zoning board of adjustment shall be allowed on the same
piece of property or on the same or similar question prior to the expiration of one year from the
date of a ruling of the zoning board of adjustment on any appeal to such body unless other
property in the same zoning area shall have, within such one-year period, been altered or changed
by a ruling of the zoning board of adjustment, in which each such change of circumstances shall
permit the allowance of an appeal.
(Ordinance 98-29, sec. LV, adopted 12/1/98; Ordinance 2000-06, sec. LV, adopted 3/21/00; 2006
Code, ch. 13, sec. 8.05; Ordinance adopting Code)
Charter reference–Zoning board of adjustment, section 8.05.
Sec. 14.02.406 Public hearings
(a) Requirements for public hearing. The town planning and zoning commission shall hold a
public hearing on any amendment, supplement, or change in zoning classification prior to making
its recommendation and report to the town council. Written notice of all public hearings before
the town planning and zoning commission, on a proposed amendment, supplement or change
shall be sent to all owners of real property lying within two hundred feet (200') of the property on
which the change is requested. Such notice shall be given not less than ten (10) days before the
date set for hearing, by depositing a notice properly addressed and postage paid in the United
States post office to such property owners as the ownership appears on the last approved town tax
roll.
(b) Notice of public hearing. A public hearing shall be held by the town council before
adopting any proposed amendment, supplement, or change in zoning classification. At least
fifteen (15) days’ notice of the time and place of such hearing shall be published in the official
newspaper of the town. Such hearing may be held jointly with the hearing before the town
planning and zoning commission required pursuant to subsection (a) of this section.
(c) Zoning changes that do not affect specific property. These changes are usually associated
with textual changes. When any proposed amendment, supplement, or change of zoning map or
text of this zoning ordinance does not affect the land use character or zoning classification of
specific property, notice of public hearing of the planning and zoning commission shall be given
by publication in a newspaper of general circulation in the town without the necessity of notifying
property owners by mail. Such notice shall state the time and place of such hearing and the nature
of the subject to be considered. Such notice shall be published not less than fifteen (15) days prior
to the public hearing.
(Ordinance 98-29, sec. LVI, adopted 12/1/98; Ordinance 2000-06, sec. LVI, adopted 3/21/00;
2006 Code, ch. 13, sec. 8.06)
Sec. 14.02.407 Exceptions and exemptions not required to be negated
In any complaint and in any action or proceeding brought for the enforcement of any provision of
this ordinance, it shall not be necessary to negate any exception, excuse, provision or exception
contained in this ordinance, and the burden of proof of any such exception, excuse, provision or
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exemption shall be upon the defendant. (Ordinance 98-29, sec. LVII, adopted 12/1/98; Ordinance
2000-06, sec. LVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.07)
Sec. 14.02.408 Penalty
Any person, firm or corporation violating any of the provisions of this ordinance shall be
punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense and each and every day such offense shall continue shall be deemed to constitute a
separate offense. (Ordinance 2000-06, sec. V, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.08)
Secs. 14.02.409–14.02.450 Reserved
Division 9. Illustrations
Sec. 14.02.451 First floor designation and measurement of height of structure
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.01)
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Sec. 14.02.452 Height measurement for primary structure and accessory building
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.02)
Sec. 14.02.453 Determining setback distance along curved property lines
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.03)
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Sec. 14.02.454 Method of measuring front yard
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.04)
Sec. 14.02.455 Front yard where zoning changes in a block
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.05)
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Sec. 14.02.456 Lot width
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.06)
Sec. 14.02.457 Lot depth
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.07)
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Sec. 14.02.458 Yards
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.08)
Sec. 14.02.459 Obstruction zones
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.09)
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Sec. 14.02.460 Sight distance zone (plan view)
(Ordinance 98-29, app. A, adopted 12/1/98; Ordinance 2000-06, app. A, adopted 3/21/00; 2006
Code, ch. 13, sec. 9.10)
ARTICLE 14.03 OIL AND GAS WELLS*
Division 1. Generally
Sec. 14.03.001 Penalty
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon conviction,
not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ordinance 2003-12, sec. III, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.03)
Sec. 14.03.002 Development site plan requirements
Any person who proposes extraction of oil or gas on a tract of land located within the corporate
limits of the town shall prepare an oil or gas well development site plan. In addition to the
* State law references–Oil and gas, V.T.C.A., Natural Resources Code, chs. 52, 81 et seq.; lease of
municipal oil, gas or mineral land, V.T.C.A., Local Government Code, sec. 253.005; municipal regulation
of exploration and development of mineral interests, V.T.C.A., Natural Resources Code, sec. 92.007.
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requirements outlined in the oil and gas well development site plan checklist, the following shall
apply:
(1) All proposed oil or gas developments shall be in compliance with the specific use
permit applicable to the oil or gas well location.
(2) Erosion control is required and shall comply with all local, state and federal
requirements. The operator shall file a copy of the stormwater pollution plan if
required by the EPA.
(3) Reserve pits shall be lined to prevent water pollution.
(4) With the exception of vehicular access, no development is allowed in a floodplain.
(5) Prior to approval of an oil or gas well development site plan, a road repair agreement
that will obligate the operator to repair damage to public streets, including but not
limited to bridges, caused by the operator (or by the operator’s employees, agents,
contractors or representatives) in the performance of any activity authorized by or
contemplated by the approved oil or gas well permit must be executed with the town.
The town manager shall have the authority to execute the road repair agreement upon
approval by the town council.
(6) A video documenting the existing conditions will be required prior to approval of the
road repair agreement.
(7) An oil and gas well development site plan shall:
(A) Identify truck routes and access points.
(B) Identify environmentally sensitive areas (ESAs), including floodplains and any
proposed floodplain, creek and stream crossings.
(i) All floodplain, creek and stream crossings, if not at grade, shall be
designed to a 10-year storm frequency.
(ii) All floodplain crossings shall have no negative affects on surrounding
property.
(iii) A drainage study sufficient to substantiate the above requirements will be
required as part of the submittal if crossings are proposed.
(C) Identify and indicate the proposed method of erosion control.
(8) The drilling rig and associated drilling equipment shall be removed from the well site
within thirty (30) days of the completion of the well or drilling activities.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.02)
Secs. 14.03.003–14.03.030 Reserved
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Division 2. Drilling and Production Standards
Sec. 14.03.031 Applicability
The drilling and production of an oil or gas well by right or by a specific use permit required by
this article shall include the following standards. (Ordinance 2003-12, sec. II, adopted 8/4/03;
2006 Code, ch. 5, sec. 6.01(A))
Sec. 14.03.032 General standards
(a) Site plan. Drilling or production of a well shall not begin until an oil or gas well
development site plan is on file and is in compliance with the provisions outlined in this article
and section 14.02.262 of the Code of Ordinances, following approval by the town council upon
recommendation from the planning and zoning commission.
(b) Supporting facilities. The development site plan shall provide for adequate sanitation
facilities, access roads, drainage, erosion control and other necessary supporting facilities
identified on the well development site plan.
(c) Driveways and parking spaces. The design, location, and arrangement of all driveways and
parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent developments.
(d) Road repair agreement. A road repair agreement shall be filed with the community
development department of the town.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(1))
Sec. 14.03.033 On-site requirements
(a) A secured entrance gate and a sign shall be required. The sign identifying the entrance to
the drill site or operation site shall be reflective.
(b) Temporary six-foot (6') chain-link or approved alternative fences shall be required to
surround drill sites during initial drilling and completion, and shall be locked when no operations
personnel are present.
(c) A removable masonry product wall surrounding producing sites shall be of sufficient height
to shield the permanent enclosed equipment from view or seven and one-half feet (7.5') in height
at the top of the wall, whichever is greater, and a wrought iron gate that is a minimum twenty-
four feet (24') wide clear opening, and the gate shall remain locked at all times when no one is
present. Fencing facing the thoroughfare will be permanent masonry.
(d) No refining process, or any process for the extraction of products from gas, shall be carried
on at a drill site or operation site, except that a dehydrator and separator may be maintained on a
drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator
may serve more than one well. Gas compressor facilities shall require a specific use permit. All
production equipment on an operation site shall be painted and maintained at all times, including
pumping units, storage tanks, buildings, and structures.
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(e) Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a
minimum of four-inch (4") lettering shall be posted at the entrance of each drill site and operation
site. The sign shall include the phone number for emergency services (9-1-1), the name and
phone number for the operator, and the well designation required by the railroad commission in
two-inch (2") lettering.
(f) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or
discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse,
including wastewater or brine, from any oil or gas operation or the contents of any container used
in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain,
ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the
corporate limits of the town.
(g) All electric lines to production facilities shall be located underground in a manner
compatible to those required to be installed in the surrounding areas or subdivision and shall
comply with the town building code.
(h) All fire suppression and prevention equipment required by any applicable federal, state, or
local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of
such equipment shall be the responsibility of the operator.
(i) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or
petroleum liquids on, under, or through the streets or alleys or other land of the town without an
easement or right-of-way license from the town, at a price to be agreed upon, and then only in
strict compliance with this article, with other codes of the town, and with the specifications
established by the town.
(j) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of
any public street or leaving upon any public street any earth or other material or obstruction is
prohibited unless the operator has first obtained written permission from the community
development department, and then only in compliance with specifications established by the
department.
(k) No oil or gas well permit shall be issued for any well to be drilled within any of the streets
or alleys of the town and/or streets or alleys shown by the comprehensive land use plan, and no
street shall be blocked or encumbered or closed due to any exploration, drilling, or production
activities unless prior consent is obtained from the community development manager, and then
only temporarily.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(2); Ordinance 2007-
32, sec. II, (6.01(A)(2)(c)), adopted 11/19/07)
Sec. 14.03.034 Operations and equipment practices and standards
(a) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor,
fumes, dust, noise and vibration.
(b) No person shall permit any lights located on any drill or operation site to be directed in
such a manner so that they shine directly on public roads, adjacent property or property in the
general vicinity of the operation site. To the extent practicable and taking into account safety
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considerations, site lighting shall be directed downward and internally so as to avoid glare on
public roads and adjacent dwellings and buildings within three hundred feet (300').
(c) The operator shall at all times comply with the rules and regulations of the railroad
commission, including but not limited to all applicable field rules.
(d) Internal combustion engines may be used in drilling and producing operations if they have
mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred
feet (300') from the boundary of the drill site or operation site. The noise level during fracing
operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred
feet (300') from the boundary of the drill site or operation site. If noise levels at a distance of
three hundred feet (300') exceed eighty (80) decibels, a sound reduction enclosure shall be
required around a drilling rig and any internal combustion engines. Only electric motors shall be
used for the purpose of pumping oil wells. Electric motors shall be used for compressors located
at gas well specific use sites.
(e) There shall be no venting of gas into the open air in residential areas except as allowed by
the railroad commission and as approved by the fire marshal. In parallel to gas gathering
pipelines, a flow-back line shall be installed to handle water and gas flow-back following well
fracture treatment.
(f) Vehicles, equipment, and machinery shall not be placed or located on a drill site or
operation site or on any public street, alley, driveway, or other public right-of-way in such a way
as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling
fires.
(g) Well servicing operations shall be scheduled to occur between the hours of 7 a.m. to 6 p.m.,
in accordance with the town’s Code of Ordinances.
(h) Air, gas, or pneumatic drilling shall not be permitted.
(i) For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify
the town of any substantial accumulations of dirt, dust, mud or other debris deposited on town
thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation
process. If town personnel or other third parties are used for the removal, the cost of such removal
shall be paid by the applicant.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(3))
Sec. 14.03.035 Storage tanks and separators
(a) An operator is allowed to construct, use, and operate such storage equipment and separation
equipment as shown on the application for the oil and gas development site plan approved by the
planning and zoning commission and the town council.
(b) The use of centralized tank batteries is permitted as shown on the applicable development
site plan.
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(c) No meters, storage tanks, separation facilities, or other above-ground facilities shall be
placed in the one hundred (100) year floodplain.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(4))
Sec. 14.03.036 Flow lines and gathering lines
(a) Each operator shall place an identifying sign at each point where a flow line or gathering
line crosses a public street or road.
(b) Each operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as
required by the railroad commission. If a gas field in the town is identified as a H2S gas field, the
operator shall be required to cease operations.
(c) All flow lines and gathering lines within the corporate limits of the town (excluding town
utility lines and franchised distribution systems) that are used to transport oil, gas, and/or water
shall be limited to the maximum allowable operating pressure applicable to the pipes installed and
shall be installed with at least the minimum cover or backfill specified by the American National
Safety Institute Code, as amended.
(d) Easements must be acquired for all flow lines, gathering lines and flow-back lines. The
location of easements shall be shown in a map approved by the planning and zoning commission
and the town council prior to the installation of any pipelines.
(e) Structures shall not be built over flow lines or gas gathering pipelines.
(f) The location of all pipelines must be marked with warning signs in accordance with
industry standards. Within the town, the distance between such signs shall not exceed five
hundred feet (500'). In addition, during backfill of pipeline excavations, “buried pipeline”
warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the
presence of buried pipeline.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(5))
Sec. 14.03.037 Additional safety and environmental requirements
(a) The drilling and production of oil and gas and accessing the oil or gas well site shall be in
compliance with all state and federal environmental regulations and shall not occur within
environmentally sensitive areas designated by the Corps of Engineers.
(b) Oil and gas wells may have a target location or bottom-hole location that is under an
environmentally sensitive area when the oil or gas well is drilled directionally from a location
outside the environmentally sensitive area.
(c) Each producing well shall be equipped with an automated valve that closes the well in the
event of an abnormal change in operating pressure. All wellheads shall contain an emergency
shut-off valve to the well distribution line.
(d) Each storage tank shall be equipped with a level control device that will automatically
activate a valve to close the well in the event of excess liquid accumulation in the tank.
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(e) Storage tank facilities shall be equipped with a secondary containment system, including
lining with an impervious material. The secondary containment system shall be of a sufficient
height to contain one and one-half (1-1/2) times the contents of the largest tank in accordance
with the fire code, and the impervious liner shall be covered with at least one foot (1') of sand.
Drip pots shall be provided at pump-out connections to contain the liquids from the storage tank.
(f) Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5" National
Standard hose thread female inlet connection in locations approved by the fire department. A
lightning arrestor system shall be installed according to the most current edition of the National
Electrical Code.
(g) An approved hazardous materials management plan shall be on file with the fire
department. The costs of cleanup operations due to hazards associated with a well site shall be the
responsibility of the applicant.
(h) All wells shall be abandoned in accordance with the rules of the railroad commission;
however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the
surface.
(i) No structures shall be built over an abandoned well.
(j) No salt-water disposal wells shall be located within the town.
(k) An impervious lining of all pits shall be required.
(l) Following completion of drilling operations or when a drill site is abandoned, the operator
shall restore the site within sixty (60) days as near as practical to its pre-drilling condition.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(6))
Sec. 14.03.038 Supplemental drilling
(a) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the conditions for the applicable specific use permit or underlying zoning
classification that permits oil and gas development by right. The operator shall provide the
planning and zoning coordinator a copy of additional railroad commission permits that allow
drilling to a deeper depth.
(b) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the approved oil and gas well permit for the well on file with the town.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(7))
Sec. 14.03.039 Compliance with other laws
Drilling and production of oil and gas wells shall comply with all local, state and federal laws
applicable to oil and gas well drilling, production and operations. (Ordinance 2003-12, sec. II,
adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(8))
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Appendix A-1
APPENDIX A
FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS...........................................................................A-7
Sec. A1.001 Applicability; conflicts; waivers...........................................................A-7
Sec. A1.002 Building definitions..............................................................................A-8
Sec. A1.003 Community development department................................................A-10
Sec. A1.004 Planning and zoning department........................................................A-16
Sec. A1.005 Zoning board of adjustment................................................................A-20
Sec. A1.006 Animal control....................................................................................A-21
Sec. A1.007 Emergency medical services..............................................................A-22
Sec. A1.008 Fire plan review..................................................................................A-25
Sec. A1.009 Fire division........................................................................................A-26
Sec. A1.010 Municipal court..................................................................................A-27
Sec. A1.011 Police department...............................................................................A-28
Sec. A1.012 Parks and recreation and special events.............................................A-29
Sec. A1.013 Administrative fees.............................................................................A-31
Sec. A1.014 Water and wastewater fees for Public Improvement District No. 1...A-33
Sec. A1.015 Business fees......................................................................................A-35
[Next page is Appendix A-7.]
Town Council Page 1093 of 1236 Meeting Date: February 9, 2016
Town Council Page 1094 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-7
ARTICLE A1.000 GENERAL PROVISIONS
Sec. A1.001 Applicability; conflicts; waivers
(a) Applicability; conflicts. The provisions of this fee schedule shall apply to all fees
established herein and shall be levied by the town immediately upon the effective date of this fee
schedule. Separately adopted codes may also address applicable fees for other permit
requirements and services provided within the town. In the event there is a conflict between the
amount of a fee enacted by a separately adopted ordinance, the fee amount set forth herein shall
apply unless the separately adopted ordinance specifically provides that it controls. This fee
schedule should not be construed to be all-inclusive of required permits or fees within the town.
(b) Reduction or waiver of fees. The town council reserves the discretion to either reduce or
waive applicable plan review fees for any other governmental entity that seeks such reduction or
waiver. The applicant seeking the reduction or waiver shall bear the burden of demonstrating that
good cause exists for the council to determine that a reduction or waiver is appropriate. Economic
hardship alone is not sufficient to support a finding by the council that good cause exists.
(c) Temporary suspension. Based on the widespread and severe damage and loss of property
occurring from storms and flooding on or about June 18, 2007, which resulted in the issuance of
Disaster Declaration 1709-DR, those fees imposed for building permits under section A1.003 of
this fee schedule and specifically identified in this section (hereinafter “select permits”) are
temporarily suspended for qualified residents (defined herein) who file an application for a select
permit during the temporary suspension period (defined herein). As used in this section, qualified
resident shall mean a resident who has registered with FEMA for aid due to the events that
resulted in the issuance of Disaster Declaration 1709-DR and for whom a determination of
qualification has been made by the town manager. The temporary suspension period shall mean
the period commencing upon the effective date of this subsection and continuing in full force and
effect for thirty (30) days thereafter. Permit applications for select permit(s) which are filed by
qualified residents after the expiration of the temporary suspension period shall be assessed all
applicable permit fees. During such temporary suspension period, qualified residents shall be
required to file an application and obtain all required permits from the town; however, no permit
fee shall be assessed to qualified residents for those select permit(s) which are specifically
identified as follows:
(1) Section A1.003(i) (electrical permits);
(2) Section A1.003(j) (fence permits);
(3) Section A1.003(p) (mechanical permits);
(4) Section A1.003(t) (retaining wall permit);
(5) Section A1.003(u) (re-roofing permit).
The town manager is authorized to refund fees for select permit(s) to qualified residents who filed
a permit application prior to the effective date of this subsection.
(Ordinance 2004-12, secs. II, III, adopted 3/15/04; Ordinance 2005-10, secs. II, III, adopted
5/2/05; 2006 Code, ch. 1, sec. 8.01; Ordinance 2007-20, sec. II, adopted 7/23/07)
Town Council Page 1095 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-8
Sec. A1.002 Building definitions
When used in this fee schedule, the following terms shall have the respective meanings ascribed
to them:
Accessory building. A subordinate building or structure of masonry and/or wood construction,
detached from the main building, and customarily incidental to the principal building.
Addition. An extension or increase in floor area or height of a building or structure.
Apartment. Any building, or portion thereof, which is designed, built, rented, leased, let or hired
out to be occupied as three (3) or more apartments or which is occupied as the home or residence
of three (3) or more families living independently of each other and maintaining separate cooking
facilities.
Assembly group. A building or portion of a building used for the gathering together of fifty (50)
or more persons for such purposes as entertainment, education, worship, amusement, drinking or
dining.
Commercial carport. A permanent roofed structure constructed on a commercially zoned tract of
land, entirely open on at least two sides, designed or used to shelter not more than two private
passenger vehicles.
Condominium. The separate ownership of single units or apartments in a multiple-unit structure
or structures with common elements as defined in V.T.C.A., Property Code, chapter 82, as
amended.
Congregate care. Any building or portion thereof that contains facilities for living, sleeping and
sanitation that may include facilities for eating and cooking, for occupancy by other than a
family. A congregate care building may be a convent or monastery, but does not include jails,
hospitals, nursing homes, hotels or lodging houses.
Day care facility. An establishment where more than three (3) unrelated children under fourteen
(14) years of age are left for care, training, education, custody, or supervision during the day or
any portion thereof. The term “day care center” shall not include overnight lodging, medical
treatment, counseling, or rehabilitative services, and does not apply to any school, public or
private, as herein defined. Such facility shall be operated in a manner as required by chapter 42 of
the Human Resources Code of the state, as amended, and in accordance with such standards as
may be promulgated by the state department of human resources.
Educational building. A building reserved for the use of primary and secondary students (ages 5
to 18).
Guest house. A secondary structure on a lot which may contain dwelling accommodations for the
temporary occupancy by guests and not for rent or permanent occupancy, and such building not
having a separate utility meter.
Hospital/medical 24-hour care. A facility providing health services primarily for human inpatient
medical or surgical care for the sick or injured and including related facilities such as laboratories,
outpatient departments, training facilities, central services facilities, and staff offices that are an
integral part of the facilities.
Town Council Page 1096 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-9
Hotel/motel. A building or group of buildings designed and occupied as a temporary abiding
place for individuals. To be classified as a hotel an establishment shall contain a minimum of six
(6) individual guest rooms or units and may furnish customary services such as linen, maid
service, telephone, and use and upkeep of furniture.
(1) High-rise. Any building, as defined above, exceeding five stories.
(2) Low-rise. Any building, as defined above, with one to four stories.
Office. Office space used for indeterminate purposes which may include corporate, governmental,
medical, or other forms of usage.
Open-air structures. An accessory structure detached from and incidental to the principal
building made of wood or masonry construction. This structure is open on the sides and may or
may not provide shading. This includes structures such as, but not necessarily limited to, cabanas,
pergolas, arbors, gazebos, pavilions, etc.
Medical/24-hour care. Refer to “Hospital.”
Multifamily residential. A building or buildings containing or aggregating four or more single-
family dwelling units.
Repair garage. Any building or part thereof which is used for painting, body and fender work,
engine overhauling or other major repair of motor vehicles. This occupancy shall not include
motor vehicle service stations.
Residential garage. An accessory building or a portion of a main building for the storage or
parking of motor vehicles as may be required in connection with the permitted use of the main
building. A private garage shall be totally enclosed, with the only exceptions being openings used
for access or ventilation, and shall be constructed of similar style and material as the main
structure.
Service station. A retail place of business engaged primarily in the sale of motor fuels, but also
supplying goods and services required in the operation and maintenance of automotive vehicles.
These may include petroleum products, tires, batteries, automotive accessories and replacement
items, washing and lubrication services, the performance of minor automotive maintenance and
repair, and the supplying of other incidental customer services and products, but excluding major
automotive repairs, painting, and body and fender work.
Shell building. The construction of a functioning building, including site work, the building
envelope and public areas, with operating elevators and core utility systems, but excluding work
in the areas reserved for tenant occupancy.
Single-family. A portion of an enclosed building having accommodations for and occupied by
only one family, attached to like units, which units may be sold individually provided that the
entire building meets all lot area, front yard, side yard, rear yard, height and other zoning
requirements.
Town Council Page 1097 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-10
Tenant improvement. The completion, remodeling or altering of a space within an existing
building.
(Ordinance 2005-17, sec. II, adopted 7/18/05; Ordinance 2005-20, sec. II, adopted 8/1/05; 2006
Code, ch. 1, sec. 8.02; Ordinance 2008-42, sec. II, adopted 12/15/08)
Sec. A1.003 Community development department
(a) Animal run permit: $75.00.
(b) Apartment complex license:
(1) Annual permit (for first location): $120.00.
(2) Reinstatement license (for first location): $120.00.
(3) Each additional dwelling unit: $25.00.
(4) Reinspection: $30.00.
(c) Building (commercial):
(1) The building permit fee charged to build a new building, to add onto an existing
building, to remodel or to alter an existing building shall be based on the declared
valuation of the proposed work. The declared valuation shall include the fair market
value of the proposed improvements, including the architectural, structural, electrical,
plumbing, mechanical work, paving, parking, drive approach, and the contractor’s
profit. The building official may require the applicant to verify the declared value.
The building permit fee shall be calculated based upon figures from table 1.
(2) The building official may also use the data provided in the most current building
valuation table published by the International Code Council to determine building
valuation for permit fee purposes. The ICC table is available on the ICC web site at
www.iccsafe.org.
(3) For any permit required by the construction codes but not specified in the town’s fee
structure, an appropriate fee shall be charged based on the scope of work and which
allows the town to recover the cost of review and inspection.
(4) Plan review fees: A non-refundable plan review fee shall be assessed to all
commercial and multifamily building (three or more dwelling units in a building)
permit applications at the time of submittal. A building permit application is not
considered received until the plan review fee has been paid. The plan review fee shall
be assessed at 35% of the building permit fee. The plan review fee shall be 35% of
the total building permit fee. The plan review fee shall be credited toward the
building permit fee when issued.
Town Council Page 1098 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-11
TABLE 1 - COMMERCIAL BUILDING PERMIT FEE
Total Valuation of Project Fee
$1.00 to $500.00 $100.00 minimum fee
$500.01 to $2,000.00 $50.00 for the first $500 plus $6.60 for each additional $100.00
or fraction thereof, but not less than $100.00
$2,000.01 to $25,000.00 $150.00 for the first $2,000 plus $30.60 for each additional
$1,000.00 or fraction thereof
$25,000.01 to $50,000.00 $840.00 for the first $25,000 plus $21.60 for each additional
$1,000.00 or fraction thereof
$50,000.01 to $100,000.00 $1,380.00 for the first $50,000 plus $15.00 for each additional
$1,000.00 or fraction thereof
$100,000.01 to $500,000.00 $2,130.00 for the first $100,000 plus $12.00 for each additional
$1,000.00 or fraction thereof
$500,000.01 to $1,000,000.00 $6,930.00 for the first $500,000 plus $10.20 for each additional
$1,000.00 or fraction thereof
$1,000,000.01 and up $12,030.00 for the first $1,000,000 plus $3.30 for each
additional $1,000.00 or fraction thereof
TABLE 2 - RESIDENTIAL BUILDING PERMIT FEE
Construction
Types: 1A,
1B
Construction
Types: II A,
III A, V A
Construction
Types: II B,
III B, IV, VB
IBC/ICC
Class
IBC/ICC
Occupancy
Type
Project
Size
Threshold
Base Cost @
Threshold
Size
Cost for
Each
Additional
100 s.f.*
Base Cost @
Threshold
Size
Cost for
Each
Additional
100 s.f.*
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 s.f.*
U1 Accessory
Building -
Residential
50 $565 $99.90 $471 $83.25 $377 $66.60
- 250 $765 $135.86 $637 $113.21 $510 $90.57
- 500 $1,104 $69.74 $920 $58.11 $736 $46.49
Storage,
playhouse,
etc.
1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86
Typically
with SFR
2,500 $2,462 $52.44 $2,052 $43.70 $1642 $34.96
U1 Open Air
Structure
220 $200 $10.00
IRC SFD Single-
family - TI
(remodel)
300 $250 $19.50
Single-
family -
Standard
Plan
1,000 $3,194 $10.58 $2,661 $8.81 $2,129 $7.05
- - 1,500 $3,247 $35.71 $2,705 $29.76 $2,164 $23.81
Town Council Page 1099 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-12
Construction
Types: 1A,
1B
Construction
Types: II A,
III A, V A
Construction
Types: II B,
III B, IV, VB
IBC/ICC
Class
IBC/ICC
Occupancy
Type
Project
Size
Threshold
Base Cost @
Threshold
Size
Cost for
Each
Additional
100 s.f.*
Base Cost @
Threshold
Size
Cost for
Each
Additional
100 s.f.*
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 s.f.*
- (includes
townhouses,
duplexes
2,000 $3,425 $5.30 $2,854 $4.41 $2,283 $3.53
- (attached
residences,
etc.)
3,000 $3,478 $22.49 $2,898 $18.74 $2,319 $14.99
- - 5,000 $3,928 $19.58 $3,273 $16.31 $2,619 $13.05
- - 10,000 $4,907 $49.07 $4,089 $40.89 $3,271 $32.71
IRC SFD Single-
Family
Custom
1,000 $3,293 $3.98 $2,744 $3.31 $2,195 $2.65
- - 1,500 $3,313 $35.68 $2,761 $29.74 $2,208 $23.79
- - 2,000 $3,491 $5.31 $2,909 $4.43 $2,327 $3.54
- - 3,000 $3,544 $22.48 $2,954 $18.73 $2,363 $14.99
- - 5,000 $3,994 $18.92 $3,328 $15.76 $2,663 $12.61
- - 10,000 $4,940 $49.40 $4,116 $41.16 $3,293 $32.93
IRC SFD Guest
House
Custom
100 $1,498 $135.00 $1,248 $112.50 $998 $90.00
- - 500 $2,038 $178.31 $1,698 $148.59 $1,358 $118.87
- - 1,000 $2,929 $93.11 $2,441 $77.59 $1,953 $62.07
- - 2,000 See Single-
family
U Residential
Garage
50 $565 $99.90 $471 $83.25 $377 $66.60
- - 250 $765 $135.86 $637 $113.21 $510 $90.57
- - 500 $1,104 $69.74 $920 $58.11 $736 $46.49
- - 1,000 $1,453 $67.29 $1,211 $56.08 $969 $44.86
- - 2,500 $2,462 $52.44 $2,052 $43.70 $1,642 $34.96
5,000 $3,773 $75.47 $3,144 $62.89 $2,516 $50.31
Single
Fam
Single-
Family
Residential
Addition
50 $768 $135.22 $640 $112.68 $512 $90.15
- - 250 $1,038 $185.07 $865 $154.23 $692 $123.38
- - 500 $1,501 $94.68 $1,251 $78.90 $1,001 $63.12
- - 1,000 $1,974 $91.33 $1,645 $76.11 $1,316 $60.89
- - 2,500 $3,344 $71.04 $2,787 $59.20 $2,230 $47.36
- - 5,000 $5,120 $102.41 $4,267 $85.34 $3,414 $68.27
*Each additional 100 square feet, or portion thereof, up to the next highest project size threshold.
(d) Certificate of occupancy (commercial): $100.00.
(e) Construction in a right-of-way: $50.00.
(f) Contractor registration:
(1) Master electrician: $125.00.
(2) HVAC: $125.00.
Town Council Page 1100 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-13
(3) Fire protection: No fee.
(4) Master plumber: No fee.
(5) Backflow testing: $75.00.
(6) Irrigation: $125.00.
(7) All license registration renewals (within 30 days of expiration date): $50.00.
(g) Demolition permit: $75.00.
(h) Erosion control deposit account:
(1) Single-family residential subdivisions: $100.00 per lot.
(2) Multifamily residential and nonresidential subdivisions: $200.00 per lot.
(3) Refund of erosion control deposit: Deposit refunds shall comply with section 109.2
of the 2009 International Building Code.
(i) Electrical permit (small job single trade): $75.00.
(j) Fence permit: $75.00.
(k) Grading permit:
(1) Single residential lot: $45.00.
(2) 1/2 - 1 acre: $55.00.
(3) >1 - 3 acres: $85.00.
(4) >3 - 5 acres: $115.00.
(5) >5 - 10 acres: $165.00.
(6) > 10 acres: $165.00 + $7.50 for each additional acre over 10.
(l) Health permits:
(1) Food establishment: $275.00.
(2) Retail food store: $625.00.
(3) Mobil food unit: $160.00.
(4) Roadside food vendor: $100.00.
Town Council Page 1101 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-14
(5) Childcare centers: $225.00.
(6) Temporary food establishment: $35.00.
(7) Complaints (per occurrence): $150.00.
(m) Incidental permit: $75.00.
(n) Inspections:
(1) Inspections outside of normal business hours (minimum charge - 2 hrs): $75.00/hr.
(2) Reinspection fee: $75.00.
(3) For use of outside consultants for inspections: Actual costs.
(o) Irrigation permit: $75.00.
(p) Mechanical permits (small job single trade): $75.00.
(q) Noise permit: $25.00.
(r) Plan review:
(1) Additional plan review required for significant changes, additions or revisions to
plans: $75.00/hr.
(2) For use of outside consultants for plan review: Actual costs.
(s) Plumbing permit (small job single trade): $75.00.
(t) Retaining wall permit: $75.00.
(u) Re-roofing permit: $75.00.
(v) Sign permit: $75.00.
(w) Single-family license:
(1) Annual permit (for first single location): $120.00.
(2) Reinstatement license (for first single location): $120.00.
(3) Each additional dwelling unit: $25.00.
(4) Reinspection: $30.00.
Town Council Page 1102 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-15
(x) Stormwater drainage utility:
Structure Monthly Fee
Single-family $6.00
Multifamily, duplexes, and nonresidential properties
Square footage of impervious area $6.00 per ERU
(each ERU = 3,500 sq. ft. )
(y) Swimming pools:
(1) Permit:
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each
additional $100.00, or fraction thereof, to and
including $2,000.00
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each
additional $1,000.00, or fraction thereof, to and
including $25,000.00
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each
additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each
additional $1,000.00 or fraction thereof, to and
including $500,000.00
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each
additional $1,000.00 or fraction thereof, to and
including $1,000,000.00
$1,000,000.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for
each additional $1,000.00 or fraction thereof
(2) Pool electrical: $50.00.
(3) Pool plan review: 35% of permit fee.
(4) Pool plumber: $50.00.
(5) Propane tank: $100.00.
Town Council Page 1103 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-16
(z) Trees:
(1) Removal permit: $25.00 per tree.
(2) Mitigation fee: $150.00 per caliper inch.
(aa) Work done prior to permit approval/issuance: Double the regular permit fee.
(bb) Refunding of fees shall comply with section 109.2 of the 2009 International Building Code.
Otherwise above fees are not refundable.
(cc) Expired permit reissuance fee:
(1) As per section 105.5 of the 2009 International Building Code, a permit for any
purposed work shall be deemed to be abandoned after 180 days of permit issuance,
unless project completion has been pursued in good faith since permit issuance;
except that the building official is authorized to grant one or more extensions of time,
additional periods not to exceed 90 (ninety) days each. The extension shall be
requested in writing and justifiable cause demonstrated and the building official will
approve or deny the request in writing.
(2) A reissuance fee of 50% of the original building permit cost is required to reactivate
any expired permit where an extension was not requested and/or approved.
(dd) Hotels:
(1) Permit: Seventy-five dollars ($75.00) plus ten dollars ($10.00) per guest room.
(2) Second reinspection due to noted violations: $47.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05;
Ordinance 2005-29, sec. 3, ex. A, adopted 12/5/05; 2006 Code, ch. 1, sec. 8.03; Ordinance 2006-
37 adopted 9/18/06; Ordinance 2006-41 adopted 10/2/06; Ordinance 2008-02, sec. II, adopted
1/21/08; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II, adopted
12/15/08; Ordinance 2009-02, sec. II, adopted 1/19/09; Ordinance 2011-38, secs. 2.01, 2.02,
adopted 10/17/11; Ordinance 2013-27 adopted 9/3/13; Ordinance 2013-28, secs. 2.01–2.05,
adopted 9/9/13; Ordinance adopting Code)
Sec. A1.004 Planning and zoning department
(a) Comprehensive zoning ordinance: $15.00.
(b) Subdivision regulations: $15.00.
(c) Comprehensive land use plan: $15.00.
(d) Park plan supplement to comprehensive land use plan: $5.00.
(e) Pathway plan supplement to comprehensive land use plan: $15.00.
Town Council Page 1104 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-17
(f) Design standards for paving, drainage and utility improvements: $25.00.
(g) Maps:
(1) Topography: $0.50/sheet.
(2) Zoning (11" x 17"): $0.50.
(3) Zoning (24" x 36"): $5.00.
(4) Street (11" x 17"): $0.50.
(h) Meetings:
(1) Concept meeting with developer/applicant (initial meeting): $300.00 flat fee.
(2) All subsequent meetings with developer/applicant and staff: $100.00 per hour.
(3) Staff and consultants: $250.00 per hour.
(i) Engineering review:
(1) Amended plat: $110.00 per hour.
(2) Replat: $110.00 per hour.
(3) Short form plat: $110.00 per hour.
(4) Preliminary plat: $110.00 per hour.
(5) Final plat (includes construction plans): $110.00 per hour.
(6) Developer’s agreement: $110.00 per hour.
(7) Civil plans: $110.00 per hour.
(8) Supplemental reviews resulting from plan revisions: $110.00 per hour.
(j) Developer’s inspection fee:
(1) Inspection of utilities, infrastructure: 5% of contract price.
(k) Subdivider’s agreement:
(1) Revisions/review by staff (including town attorney): $300.00.
(2) Initial review: $75.00 per hour.
(l) Update to official zoning map: $75.00 per hour.
(m) Meritorious exception: $50.00.
Town Council Page 1105 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-18
(n) Fence/retaining wall waiver or special exception: $50.00.
(o) Public hearing legal notice for property owners within 200 feet: Current postal rate for first
class mail/per letter.
(p) Newspaper publication for public hearing notice: Actual cost.
(q) Planned development ordinance publication: Actual cost.
(r) Drilling permits:
(1) Specific use permit for new petroleum or gas well: $2,000.00.
(2) Transfer of permit if well is sold: $150.00.
(3) Exploration permit: $100.00.
(4) Gas well permit: $1,000.00.
(5) Oil well permit: $1,000.00.
(6) Pipeline inspection: 3% of the value of the pipeline.
(7) Extraction observation: $300.00.
(8) Reinspection fee: $45.00.
(9) Acceptance inspection of completed well: $300.00.
(10) Additional services from third party consultant: $250.00 per hour.
(11) Additional services from third party inspector: $250.00 per hour.
(s) Zoning change request:
(1) Straight zoning: $300.00 + $10.00/lot (residential).
(2) Straight zoning: $300.00 + $15.00/acre (nonresidential).
(3) PD: $400.00 + $10.00/lot (residential).
(4) PD: $400.00 + $15.00/acre (nonresidential).
(t) Conditional use permit: $300.00 + $15.00/acre.
(u) Temporary use permit: $25.00.
(v) Specific use permit: $300.00 + $15.00/acre.
Town Council Page 1106 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-19
(w) Specific use permit for sale of mixed beverages in restaurants by food and beverage
certificate only: $300.00.
(x) Specific use permit for beer and wine sales (off-premises consumption only): $300.00.
(y) Mixed beverage - 1st through 3rd years: Exempt.
(z) Mixed beverage - 4th and subsequent years: 1/2 of state fee in effect at the time of permit*.
(aa) Off-premises beer and/or wine: $30.00*.
(bb) Concept plan: $200.00.
(cc) Site plan: $200.00 + $15.00/acre.
(dd) Landscape plan: $200.00.
(ee) Zoning verification letter:
(1) First letter within two (2) months of zoning approval: $10.00.
(2) All subsequent letters: $15.00/site.
(ff) Zoning coordinator opinion/interpretation letters: $25.00.
(gg) Amendment to planned development ordinance: $300.00.
(hh) Amended plat:
(1) Straight zoning: $200.00 + $10.00/lot (residential).
(2) Straight zoning: $200.00 + $15.00/acre (nonresidential).
(3) PD: $250.00 + $10.00/lot (residential).
(4) PD: $250.00 + $15.00/acre (nonresidential).
(ii) Replat:
(1) Straight zoning: $200.00 + $10.00/lot (residential).
(2) Straight zoning: $200.00 + $15.00/acre (nonresidential).
(3) PD: $250.00 + $10.00/lot (residential).
(4) PD: $250.00 + $15.00/acre (nonresidential).
(jj) Short form plat:
(1) Straight zoning: $200.00 + $10.00/lot (residential).
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(2) Straight zoning: $200.00 + $15.00/acre (nonresidential).
(3) PD: $300.00 + $10.00/lot (residential).
(4) PD: $300.00 + $15.00/acre (nonresidential).
(kk) Preliminary plat:
(1) Straight zoning: $300.00 + $10.00/lot (residential).
(2) Straight zoning: $300.00 + $15.00/acre (nonresidential).
(3) PD: $400.00 + $10.00/lot (residential).
(4) PD: $400.00 + $15.00/acre (nonresidential).
(ll) Final plat:
(1) Straight zoning: $300.00 + $10.00/lot (residential).
(2) Straight zoning: $300.00 + $15.00/acre (nonresidential).
(3) PD: $400.00 + $10.00/lot (residential).
(4) PD: $400.00 + $15.00/acre (nonresidential).
(mm) Plat vacation: $200.00.
(nn) Rush plat filing: $300.00.
(oo) Denton and Tarrant County filing costs: Actual cost.
*Denotes annual fee.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.04; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2011-07, sec.
2.01, adopted 2/24/11)
Sec. A1.005 Zoning board of adjustment
(a) Variance request: $150.00.
(b) Public hearing legal notice for property owners within 200 feet: Current postal rate for
certified return receipt mail + $0.55 each.
(c) Newspaper publication for public hearing notice: Actual cost.
Note: The fees for items (b) and (c) will be collected at least five (5) business days in advance of
mailings and publication of notice. Failure to pay fees will result in removal from the scheduled
agenda.
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(d) Filing fee for appeal to zoning board of adjustment: $100.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.05; Ordinance adopting Code)
Sec. A1.006 Animal control
(a) Lost license: $1.00.
(b) Impound fee: $10.00/day.
Plus transportation fee: $30.00.
(c) Quarantine fee: $200.00.
(d) Dangerous dog registration: $50.00/year.
(e) Animal surrender fee: $50.00.
(f) Euthanasia: Pay the following fees for euthanasia with disposal based on type and/or
weight of animal:
(1) Wildlife (captured in privately owned trap): $20.00 per animal.
(2) Only if caught in a privately owned trap:
(A) Adult dog (under 30 lbs.): $20.00 per animal.
(B) Adult dog (over 30 lbs.): $30.00 per animal.
(C) Adult cat: $20.00 per animal.
(D) Kittens: $20.00 per litter.
(E) Puppies: $5.00 per animal.
(3) If caught in a private trap and surrendered to animal control, the animal surrender fee
shall apply. A single litter of kittens or puppies shall count as one surrender fee. The
euthanasia fee shall be waived if the surrender fee is paid.
(g) Pig licensing fee: $_____ per animal.
(h) Registration certificate for commercial establishment for dangerous wild animals: $____
per establishment.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05;
Ordinance 2006-22, sec. II, adopted 7/24/06; 2006 Code, ch. 1, sec. 8.06; Ordinance 2008-37,
sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II, adopted 12/15/08; Ordinance 2011-07, sec.
2.02, adopted 2/24/11; Ordinance 2013-42, sec. 2.02, adopted 11/18/13; Ordinance adopting
Code)
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Sec. A1.007 Emergency medical services
Emergency medical services:
(1) ALS1 emergency base rate: $855.00.
(2) ALS1 non-emergency base rate: $855.00.
(3) ALS2 emergency base rate: $900.00.
(4) BLS emergency base rate: $787.00.
(5) BLS emergency base rate in ALS unit: $787.00.
(6) BLS non-emergency base rate: $787.00.
(7) BLS non-emergency base rate in ALS treatment/no-transport: $787.00.
(8) Treatment/no-transport: $175.00.
(9) ALS emergency mileage: $15.00. Amount calculated per mile or portion thereof.
(10) ALS non-emergency mileage: $15.00. Amount calculated per mile or portion thereof.
(11) BLS emergency mileage: $15.00. Amount calculated per mile or portion thereof.
(12) BLS non-emergency mileage: $15.00. Amount calculated per mile or portion thereof.
(13) ALS supplies - routine disposable: $52.50.
(14) BLS supplies - routine disposable: $52.50.
(15) Disposable linen kit: $25.00.
(16) Emergency rate: $94.00.
(17) Oxygen, administration, and supplies/hr.: $119.00.
(18) Pulse oximeter: $94.50.
(19) Extra attend - CPR: $147.00.
(20) ALS supplies airway management: $94.00.
(21) ALS supplies capnography: $156.00.
(22) ALS supplies defibrillation: $210.00.
(23) ALS supplies EKG pads: $36.75.
(24) ALS supplies external pacing: $210.00.
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(25) ALS supplies intubation: $100.00.
(26) ALS supplies IO infusion: $262.25.
(27) ALS supplies IV therapy: $258.00.
(28) ALS supplies needle thoracostomy: $31.50.
(29) ALS supplies surgical airway: $314.75.
(30) BLS supplies defibrillation (AED): $42.00.
(31) Bone injection adult: $250.00.
(32) Bone injection pedi: $250.00.
(33) Drug - Acetaminophen 5 ml: $2.25.
(34) Drug - Activated charcoal 20 cc PO: $12.50.
(35) Drug - Adenosine 6 mg: $66.62.
(36) Drug - Aspirin chewable 81 mg: $2.10.
(37) Drug - Atropine sulfate 0.3 mg: $14.69.
(38) Drug - Calcium chloride 1 gm/10 ml: $7.75.
(39) Drug - Clonodine 0.1 mg: $11.00.
(40) Drug - Dexamethasone 4 mg: $44.00.
(41) Drug - Dextrose 50% (D50): $18.88.
(42) Drug - Diltiazem HCL: $61.88.
(43) Drug - Diphenhydramine 50 mg: $9.44.
(44) Drug - Dopamine: $22.03.
(45) Drug - Enalaprilat: $44.00.
(46) Drug - EPI 1 mg/10 ml IV: $9.32.
(47) Drug - EPI 1 mg/cc IV: $15.74.
(48) Drug - Flumazenil: $60.00.
(49) Drug - Furosemide 20 mg: $20.72.
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(50) Drug - Glucagon 1 mg: $285.00.
(51) Drug - Lidocaine drip 1 gm/25 ml: $52.50.
(52) Drug - Lidocaine HCl (2%) 50 mg: $26.23.
(53) Drug - Mag sulfate, per 500 mg: $22.03.
(54) Drug - Methylprednisolone 125 mg: $41.44.
(55) Drug - Midazolam HCl 1 mg: $41.96.
(56) Drug - Morphine sulfate, 10 mg: $58.75.
(57) Drug - Naloxone 1 mg IV: $43.20.
(58) Drug - Nitrous oxide: $80.00.
(59) Drug - Norcuron 10 mg: $94.42.
(60) Drug - Oral glucose gel 15 g: $6.29.
(61) Drug - Oxytocin 10 IU: $19.93.
(62) Drug - Promethazine, 50 mg: $33.05.
(63) Drug - Sodium bicarbonate per cc: $7.74.
(64) Drug - Sublimaze: $75.75.
(65) Drug - Succinylcholine 20 ml: $8.39.
(66) Drug - Tetracaine: $19.50.
(67) Drug - Thiamine 100 mg IV: $36.00.
(68) Drug - Vecuronium 10 mg: $110.00.
(69) Drug - Xopenex 1.25 mg: $35.50.
(70) ETCO2 Bulb adult: $32.50.
(71) ETCO2 Bulb pedi: $32.50.
(72) IV - Normal saline 1000 cc: $47.75.
(73) IV - Normal saline 100 cc: $39.60.
(74) IV - Normal saline 250 cc: $39.60.
(75) IV - Normal saline 500 cc: $41.90.
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(76) Blood glucose test: $45.64.
(77) EKG interpretation: $260.00.
(78) IV - Blood draw procedure: $21.00.
(79) IV - Lorazepam/Ativan: $35.00.
(80) IV - Haldol/Haloperidol: $17.35.
(81) IV - Ondansetron/Zofran: $4.50.
(82) Nitroglycerine spray: $10.10.
(83) IV - Hydromorphone/Dilaudid: $6.50.
(84) IV - Hydralazine: $25.38.
(85) IV - Budesonide/Pulmicort: $37.50.
(86) IV - Amiodarone/Cordarone: $31.25.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.07; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2011-07, sec.
2.03, adopted 2/24/11)
Sec. A1.008 Fire plan review
(a) 0 - 100,000 square feet: $0.020 per square foot.
(b) 100,001 - 300,000 square feet: $2,000.00 for the first 100,000 square feet.
(c) 100,001 square feet plus: $0.018 for each additional square foot of area.
(d) 300,000+ square feet: $5,600.00 for the first 300,000 square feet; $0.012 for each
additional square foot of area or fraction thereof.
(e) Major projects may require multiple plan reviews due to their complexity, i.e.:
(1) Pre-construction review:
(A) Utilities.
(B) Building plans.
(C) Infrastructure.
(2) Sprinkler system review.
(3) Alarm system review.
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(f) The above fee schedule will be assessed for each review separately.
(g) Subdivision review fee:
(1) 0 - 50 lots: $500.00.
(2) 50 - 100: $750.00.
(3) 100+: $1,000.00.
(h) Plat review fee: $350.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.08)
Sec. A1.009 Fire division
(a) Sprinkler permit*: $25.00/year.
(b) Residential sprinkler system plan review* (6000+ sq. ft. under roof): $400.00.
(c) Sprinkler system reinspection: $75.00.
(d) Alarm system reinspection*: $25.00.
(e) Final inspection for new construction*: $75.00.
(f) Reinspection for new construction*: $25.00.
(g) Burn permits (residents free), nonresidents: $25.00 a week.
(h) Vent-a-hood system permits*: $175.00.
(i) Wet chemical system permit*: $75.00.
(j) Aerosol products (500 pounds)*: $50.00.
(k) Compressed gases*: $100.00.
(l) Commercial rubbish handling operations*: $250.00.
(m) Cryogens*: $250.00.
(n) Dry cleaning plants*: $50.00.
(o) Fireworks*: $300.00.
(p) Flammable or combustible liquids*: $100.00.
(q) Motor vehicle fueling dispensing station*: $50.00.
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(r) Places of assembly*: $50.00.
(s) Pyrotechnical special effects material*: $50.00.
(t) Temporary membrane structures, tents and canopies*: $25.00.
(u) After-hours inspections: $125.00 first hour; $35.00 each additional hour.
(v) Commercial fire plan check fee*:
(1) 0 - 100,000 square feet: $0.020 square foot.
(2) 100,001 - 300,000 square feet: $2,000.00 for the first 100,000 square feet.
(3) 100,001 square feet plus: $0.018 for each additional square foot of area.
(4) 300,001+ square feet: $5,600.00 for the first 300,000 square feet plus $0.012 for each
additional square foot of area or fraction thereof.
(w) Residential subdivision review fee:
(1) 0 - 50 lots: $500.00.
(2) 50 - 101: $750.00.
(3) 100+: $1000.00.
(x) Plat review fees: $350.00.
*These fees are imposed by official action of the town municipal utility districts, they are
included for the convenience of the customers, residents and staff. The town has taken no official
action with regard to the setting of these fees.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.09)
Sec. A1.010 Municipal court
(a) Warrant fee: $50.00.
(b) Capias fee: $50.00.
(c) Transcription fee: $25.00.
(d) NSF check fee: $25.00.
(e) Driving safety fee: $9.90.
(f) Court building security fee: $3.00 per violation as authorized by state law.
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Appendix A-28
(g) Court technology fee: $4.00 per violation as authorized by state law.
(h) Credit card processing fee: 5% or percentage charged by credit card company.
(i) Deferred disposition administrative fee: $25.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.10; Ordinance 2011-38, sec. 2.03, adopted 10/17/11; Ordinance 2013-40
adopted 10/21/13)
Sec. A1.011 Police department
(a) Accident reports: $6.00.
(b) Administrative fee for abatement of weeds: $100.00.
(c) Good conduct record: $5.00.
(d) Fingerprints: $10.00/per card.
(e) Overnight parking permit (third household vehicle): $150.00.
(f) Overnight parking permit (fourth household vehicle): $50.00.
(g) Annual renewal per vehicle: $10.00.
(h) Transfer fee (not to extend the term of the permit): $10.00.
(i) Temporary parking:
(1) Permit: $10.00.
(2) Renewal fee: $10.00.
(j) Soliciting permit:
(1) Commercial: $50.00.
(2) Charitable: $10.00.
(k) Alarm fees:
(1) Permit for single-family: $50.00.
(2) Multifamily: $50.00 + $5.00 per permit for each unit.
(3) Commercial: $100.00.
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(l) False alarm service fees:
(1) Each false alarm notification emitted from an alarm site that is in excess of five (5)
false alarms: $25.00.
(2) Multifamily dwelling issued as one protected property for each false alarm
notification in excess of ten: $25.00.
(m) Overweight vehicle transport: $50.00.
(n) CHL class: $50.00 per person.
(o) Home firearms safety class: $15.00 per person.
(p) Motorized carts:
(1) Initial inspection by police department: $25.00 (includes permit/sticker).
(2) Reinspection by police department (if a motorized cart fails the initial inspection):
$10.00.
(3) Bi-annual renewal of the permit: $25.00.
(4) Replacement sticker: $10.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.11; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2013-24 adopted
9/3/13; Ordinance 2014-07 adopted 3/17/14; Ordinance 2013-11 adopted 4/22/13; Ordinance
adopting Code)
Sec. A1.012 Parks and recreation and special events
(a) All fees are to be paid at the time of reservation and are based on availability. Rates shown
are for each reservation and are based on a two-hour minimum rental period, unless otherwise
specified.
(b) Additional rental hours will be charged at one-half (1/2) of the 2- or 4-hour rate fee set
forth below.
(c) Fees are not applicable to members of the Trophy Club youth sports associations when they
are participating in Trophy Club youth sports association sponsored activities.
(d) Reservations.
Resident Nonresident
Harmony Soccer Field - Lighted $50.00 $80.00
Harmony Soccer Field - Unlighted $30.00 $60.00
Independence Baseball Field #1 - #4 - Lighted $50.00 $80.00
Town Council Page 1117 of 1236 Meeting Date: February 9, 2016
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Resident Nonresident
Independence Baseball Field #1 - #4 -
Unlighted
$30.00 $60.00
Independence Multi-Use Field #1 $30.00 $60.00
Independence Multi-Use Field #2 - Lighted $50.00 $80.00
Independence Multi-Use Field #2 - Unlighted $30.00 $60.00
Pavilion Rental (Harmony Park) $50.00 for a
4-hour period
$100.00 for a 4-
hour period
(e) Trophy Club Park.
Vehicle entry $1.00
ATV/motorcycle $12.00
Boat entry $5.00
Resident vehicular annual pass $10.00
Nonresident vehicular annual pass $25.00
Large pavilion rental (4 hours) $50.00
(f) Community pool fees. Pool rental fees listed below are for a minimum two-hour period.
Resident rates*
Daily rate $4.00
Individual season pass $25.00
Family pass (up to 5 members) $75.00
Additional family members $10.00/member
Resident guest pass (unassigned pass valid for entire season) $20.00/pass
Nonresident rates*
Daily rate $6.00
Individual season pass $50.00
Family season pass (up to 5 members) $150.00
Additional family member $20.00
Local business group rate** (with a minimum of 8 bathers) $3.00 per user
Non-local business group rate** (with a minimum of 8 bathers) $4.00 per user
For 20 or more bathers $3.00 per bather
* Children under 35 inches admitted free of charge.
** In order to receive the group rate, group shall schedule date and time of use with
parks and recreation department.
Pool Rental Rates
Residential rental rate
Large pool rental $300.00
Spray pad rental (Fri p.m. & Sat-Sun) $300.00
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Pool Rental Rates
Spray pad rental (Mon–Fri a.m.) $225.00
Pavilion reservation $100.00
Community pool complex rental $700.00
Nonresident rental rates
Large pool rental $330.00
Spray pad rental (Fri p.m. & Sat-Sun) $330.00
Spray pad rental (Mon-Fri a.m.) $225.00
Pavilion reservation $100.00
Community pool complex rental $770.00
The minimum rental time allowed is two (2) hours.
Additional rental hours will be charged at one-half (1/2) of the two (2) hour rate fee set
forth above. Cancellations with less than a twenty-four (24) hour notice will result in the
forfeiture of the rental cost.
Cancellations with less than a one (1) week notice will result in the forfeiture of fifty
percent (50%) of the rental cost.
(g) Special event permit fee: $50.00.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, secs. 8.12, 8.15; Ordinance 2007-09, sec. II, adopted 2/19/07; Ordinance 2010-15,
sec. 2, adopted 5/17/10; Ordinance 2011-07, sec. 2.04, adopted 2/24/11; Ordinance 2012-12
adopted 5/21/12; Ordinance 2013-26, secs. 2.01, 2.02, adopted 9/3/13; Ordinance adopting Code)
Sec. A1.013 Administrative fees
The following is a summary of the charges for copies of public information that have been
adopted by the commission:
(1) Standard paper copy: $0.10 per page.
(2) Color paper copy: $1.00 each.
(3) Nonstandard-size copy:
(A) Diskette: $1.00 each.
(B) Magnetic tape: Actual cost.
(C) Data cartridge: Actual cost.
(D) Tape cartridge: Actual cost.
(E) VHS videocassette: $2.50 each.
(F) Audiocassette: $1.00 each.
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(G) Oversized paper tray copy: $0.50 each.
(H) Mylar, blueline/blueprint paper (all widths): Actual cost.
(i) 3 mil.: $0.85/linear foot.
(ii) 4 mil.: $1.10/linear foot.
(iii) 5 mil.: $1.35/linear foot.
(I) Rewritable CD (CD-RW): $1.00.
(J) Non-rewritable CD (CD-R): $1.00.
(K) Digital video disc (DVD): $3.00.
(L) Other electronic media: Actual cost.
(4) Personnel charge:
(A) Programming personnel: $28.50/hour.
(B) Other personnel: $15.00/hour.
(5) Overhead charge: 20% of personnel charge.
(6) Microfiche or microfilm charge:
(A) Paper copy: $0.10 per page.
(B) Fiche or film copy: Actual cost.
(7) Remote document retrieval charge: Actual cost.
(8) Computer resource charge:
(A) Mainframe: $10.00/minute.
(B) Midsize: $1.50/minute.
(C) Client/server: $2.20 per hour.
(D) PC or LAN: $1.00 per hour.
(9) Miscellaneous supplies: Actual cost.
(10) Postage and shipping charge: Actual cost.
(11) Photographs: Actual cost.
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(12) Other costs: Actual cost.
(13) Outsourced/contracted services: Actual cost.
(14) No sales tax: No sales tax shall be applied to copies of public information.
(15) Personnel charges in excess of 36 hours. Notwithstanding any provision contained
herein to the contrary, any requestor of public information will be charged personnel
costs in accordance with V.T.C.A., Government Code, section 552.275 for all time in
excess of thirty-six (36) hours spent by personnel of the town in producing public
information for inspection or duplication by a requestor, or providing copies of public
information to a requestor during a twelve-month period commencing on October 1
of each year. The records management officer shall be responsible for providing all
notices required by law.
(Ordinance 2004-12, ex. A, adopted 3/15/04; Ordinance 2005-10, ex. A, adopted 5/2/05; 2006
Code, ch. 1, sec. 8.13; Ordinance 2012-13, sec. 2.02, adopted 5/21/12)
Sec. A1.014 Water and wastewater fees for Public Improvement District No. 1
(a) Connection fee - 1": $2,300.00.
(b) Impact fee - 1" meter: $1,173.00.
Impact fees for meter sizes less than or greater than 1" shall be based upon the fee charged
by the Trophy Club Municipal Utility District No. 1 (“MUD1”) in accordance with its duly
adopted rate order.
(c) Meter fee - Domestic 1" meter: $343.00.
Meter fees for meter sizes less than or greater than 1" shall be based upon the fee charged
by the Trophy Club Municipal Utility District No. 1 (“MUD1”) in accordance with its duly
adopted rate order.
(d) Monthly residential (single-family homes) and commercial water fees:
(1) Administration: $16.71.
(2) 0 to 6,000 gallons per month: $2.70/1,000 gallons.
(3) 6,001 to 17,000 gallons per month: $3.14/1,000 gallons.
(4) 17,001 to 25,000 gallons per month: $3.64/1,000 gallons.
(5) 25,001 to 50,000 gallons per month: $4.23/1,000 gallons.
(6) 50,000 plus gallons per month: $4.91/1,000 gallons.
(e) Multi-unit buildings: Each multi-unit building (apartments, business complex, etc.) served
by a single meter shall be billed the base rate for the meter size servicing the building multiplied
by the number of units in the building or complex.
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(f) Monthly residential (single-family homes) wastewater fees:
(1) Base rate 1" meter: $14.58.
(2) 0–18,000 gallons per month: $2.50/1,000 gallons.
Residential sewer usage shall be capped at 18,000 gallons per month.
(g) Monthly commercial wastewater fees:
(1) Base rate 1" meter: $14.58.
(2) Volumetric rate: $2.50/1,000 gallons.
Commercial sewer usage shall be billed based upon actual water usage per month.
(h) Multi-unit buildings: Each multi-unit building (apartments, townhomes, business complex,
etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be
billed based on actual water usage per month.
(i) Returned checks: $25.00.
(j) Security deposits:
(1) Builders: $75.00.
(2) Residential owners: $75.00.
(3) Residential lessees: $150.00.
(k) Service line inspection and lead test: $150.00.
(l) Annual capital improvements and maintenance charge: $8.90 (monthly fee per connection).
(m) Water and wastewater rates and fees are the same for all properties within the corporate
boundaries of the town whether service is received directly from MUD1 or service is received
from town as a wholesale customer of MUD1.
(n) Town fees as set forth above are applicable to the boundaries of the Trophy Club Public
Improvement District No. 1 and are based upon a rate order adopted by Trophy Club Municipal
Utility District No 1 (“MUD1”). Customers of the town receiving service to property located
within the boundaries of the PID shall be subject to the duly adopted MUD1 Service Rules and
Policies, including all fees imposed thereby, as amended from time to time.
(o) Rates and fees for water and wastewater service applicable to the boundaries of MUD1 are
imposed pursuant to a rate order duly adopted by MUD1.
(2006 Code, ch. 1, sec. 8.16; Ordinance 2008-10, sec. II, adopted 3/3/08; Ordinance 2008-17, sec.
II, adopted 7/7/08; Ordinance 2008-37, sec. II, adopted 11/17/08; Ordinance 2008-42, sec. II,
adopted 12/15/08; Ordinance 2014-16 adopted 6/16/14; Ordinance 2014-32 adopted 9/23/14)
Town Council Page 1122 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix A: Fee Schedule
Appendix A-35
Sec. A1.015 Business fees
(a) Sexually oriented business annual license: $1,000.00.
(b) Portable home storage unit (PODS):
(1) Thirty day permit: $25.00.
(2) Permit extension: $50.00 for additional thirty-day period.
(Ordinance adopting Code)
Town Council Page 1123 of 1236 Meeting Date: February 9, 2016
Town Council Page 1124 of 1236 Meeting Date: February 9, 2016
Appendix B-1
APPENDIX B
CODE COMPARATIVE TABLE
This table shows the location or gives the disposition of the chapters, sections and subsections of
the 2006 Trophy Club Code of Ordinances within this revised code. The abbreviation “NIC”
means the provision is not included in this code, though not necessarily repealed.
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
CHAPTER 1 - ADMINISTRATION
Article I The Charter Charter
Article II Town Manager (Deleted)
Article III Town Secretary (Deleted)
Article IV Treasurer of the Town (Deleted)
Article V Staggered Terms of Office for Town Council (Deleted)
Article VI Town Council Rules of Procedure
Sec. 6.01 Rules of procedure
A. Authority Sec. 1.03.031
B. General rules Sec. 1.03.032
C. Types of meetings Sec. 1.03.033
D. Chairman and duties Sec. 1.03.034
E. Order of business Sec. 1.03.035
F. Consideration of ordinances, resolutions and
motions
Sec. 1.03.036
G. Rules of decorum Sec. 1.03.037
H. Parliamentary motions and precedence Sec. 1.03.038
I. Creation of committees, boards and commissions Sec. 1.03.039
Article VII Town Attorney (Deleted)
Article VIII Schedule of Fees
Sec. 8.01 Applicability/conflict & waiver Sec. A1.001
Sec. 8.02 Building definitions Sec. A1.002
Sec. 8.03 Community development department Sec. A1.003
Sec. 8.04 Planning & zoning department Sec. A1.004
Sec. 8.05 Zoning board of adjustment Sec. A1.005
Sec. 8.06 Animal control Sec. A1.006
Sec. 8.07 Emergency medical services billing Sec. A1.007
Sec. 8.08 Fire plan review Sec. A1.008
Sec. 8.09 Fire division Sec. A1.009
Sec. 8.10 Municipal court Sec. A1.010
Sec. 8.11 Police department Sec. A1.011
Sec. 8.12 Community pool complex Sec. A1.012
Sec. 8.13 Administrative Sec. A1.013
Sec. 8.14 Texas Administrative Code Dltd. by Ordinance adopting Code
Sec. 8.15 Parks & recreation Sec. A1.012
Sec. 8.16 Public works for Public Improvement District No. 1 Sec. A1.014
Article IX Participation in Texas Municipal Retirement System
(TMRS)
Sec. 9.01 Employee participation NIC
Sec. 9.02 Town manager directed to notify board of trustees of
the Texas Municipal Retirement System
NIC
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Trophy Club Code of Ordinances Appendix B: Code Comparative Table
Appendix B-2
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 9.03 Condition of membership NIC
Sec. 9.04 Fixed 5% participation rate NIC
Sec. 9.05 Prior service credit NIC
Sec. 9.06 Town contributions to current service annuity
reserve
NIC
Sec. 9.07 Town secretary directed to remit town contributions
to TMRS board of trustees
NIC
Sec. 9.08 Supplemental death benefits fund NIC
Sec. 9.09 Notification of fund participation NIC
Article X Updated Service Credits
Sec. 10.01 Authorization of update service credits NIC
Sec. 10.02 Increase in retirement annuities NIC
Sec. 10.03 Dates of allowances and increases NIC
Sec. 10.04 Increased municipal contributions NIC
Sec. 10.05 Increased employee deposit rate NIC
Article XI Restricted Prior Service Credit
Sec. 11.01 Authorization NIC
Article XII Retirement Service Benefits
Sec. 12.01 Authorization NIC
Article XIII Open Records
Sec. 13.01 Requests for information Sec. 1.07.061
Article XIV Records Management
Sec. 14.01 Policy Sec. 1.07.031
Sec. 14.02 Definitions Sec. 1.07.032
Sec. 14.03 Municipal records declared public property Sec. 1.07.033
Sec. 14.04 Designation of records management officer Sec. 1.07.034
Sec. 14.05 Records management plan to be developed; approval
of plan; authority of plan
Sec. 1.07.035
Sec. 14.06 Duties of records management officer Sec. 1.07.036
Sec. 14.07 Records control schedules to be developed;
approval; filing with state
Sec. 1.07.037
Sec. 14.08 Implementation of records control schedules;
destruction of records under schedule
Sec. 1.07.038
Sec. 14.09 Destruction of unscheduled records Sec. 1.07.039
Sec. 14.10 Records center Sec. 1.07.040
Sec. 14.11 Alternative storage methods Sec. 1.07.041
Article XV Indemnification of Officers
Sec. 15.01 Need for indemnification Sec. 9.03.001
Sec. 15.02 Definitions Sec. 9.03.002
Sec. 15.03 Indemnification Sec. 9.03.003
Sec. 15.04 Representation in actions Sec. 9.03.004
Sec. 15.05 Town’s defenses Sec. 9.03.005
Sec. 15.06 Notices Sec. 9.03.006
Sec. 15.07 Disciplinary actions Sec. 9.03.007
Sec. 15.08 Suits by or on behalf of the town Sec. 9.03.008
Sec. 15.09 Exclusions Sec. 9.03.009
CHAPTER 2 - ANIMAL CONTROL
Article I Animals
Sec. 1.01 Definitions Sec. 2.01.001
Sec. 1.02 Enforcement Sec. 2.01.003
Sec. 1.03 Humane care of animals Sec. 2.01.006
Sec. 1.04 Maximum number of animals Sec. 2.01.007
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Appendix B-3
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 1.05 Prohibited actions against animals Sec. 2.01.008
Sec. 1.06 Sanitary conditions Sec. 2.01.009
Sec. 1.07 Defecation of animals on public and private property Sec. 2.01.010
Sec. 1.08 Animals at large Sec. 2.01.011
Sec. 1.09 Animal noise Sec. 2.01.012
Sec. 1.10 Impounding of animals Sec. 2.02.001
Sec. 1.11 Authority to impound, destroy, kill or muzzle certain
animals
Sec. 2.01.013
Sec. 1.12 Dangerous dogs Sec. 2.01.014
Sec. 1.13 Fees Sec. 2.01.004
Sec. 1.14 Release of unvaccinated animals Sec. 2.02.002
Sec. 1.15 Adoption Sec. 2.02.003
Sec. 1.16 Livestock, wild or prohibited animals Sec. 2.01.015
Sec. 1.17 Confinement required of animal allegedly involved
in attack
Sec. 2.01.016
Sec. 1.18 Vicious animals Sec. 2.01.017
Sec. 1.19 Vaccination Sec. 2.01.018
Sec. 1.20 Licenses and tags Sec. 2.01.019
Sec. 1.21 Special requirements for keeping miniature pigs and
ferrets
Sec. 2.01.020
Sec. 1.22 Exceptions Sec. 2.01.005
Sec. 1.23 Certificate of registration for dangerous wild animals Sec. 2.03.041
Sec. 1.24 Certificate of registration application for dangerous
wild animals
Sec. 2.03.042
Sec. 1.25 Denial or revocation of certificate of registration for
dangerous wild animals; appeal
Sec. 2.03.043
Sec. 1.26 Effective date for certificate of registration for a
dangerous wild animal
Sec. 2.03.044
Sec. 1.27 Display of certificate of registration Sec. 2.03.045
Sec. 1.28 Inspection related to dangerous wild animals Sec. 2.03.001
Sec. 1.29 Relocation or disposition of a dangerous wild animal Sec. 2.03.002
Sec. 1.30 Attack by a dangerous wild animal; escape of
dangerous wild animal; liability for dangerous wild
animal
Sec. 2.03.003
Sec. 1.31 Care, treatment and transportation of dangerous wild
animals
Sec. 2.03.004
Sec. 1.32 Liability insurance for dangerous wild animals Sec. 2.03.005
Sec. 1.33 Transfer of ownership of a dangerous wild animal Sec. 2.03.006
Sec. 1.34 Offense and penalty for dangerous wild animals Sec. 2.03.007
Sec. 1.35 Civil penalty and costs specific to dangerous animals Sec. 2.03.008
Sec. 1.36 Applicability Sec. 2.03.046
Sec. 1.37 Penalty Sec. 2.01.002
CHAPTER 3 - BUILDINGS AND CONSTRUCTION
Article I Building Official
Sec. 1.01 Appointment Sec. 3.02.001
Sec. 1.02 Authority of building official Sec. 3.02.002
Article II Forms Surveys
Sec. 2.01 Form survey Sec. 3.01.001
Article III International Building Code
Sec. 3.01 Applicability Dltd. by Ord. 2012-27
Sec. 3.02 Adoption Sec. 3.03.051
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Trophy Club Code of Ordinances Appendix B: Code Comparative Table
Appendix B-4
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 3.03 Amendments to the 2003 International Building
Code
Sec. 3.03.052
Sec. 3.04 Board of appeals Dltd. by Ord. 2012-27
Sec. 3.05 Penalty Dltd. by Ord. 2012-27
Article IV International Residential Code
Sec. 4.01 Adoption Sec. 3.03.101
Sec. 4.02 Amendments to the 2003 International Residential
Code
Sec. 3.03.102
Sec. 4.03 Board of appeals Dltd. by Ord. 2012-28
Sec. 4.04 Penalty Dltd. by Ord. 2012-28
Article V National Electrical Code
Sec. 5.01 Adoption Sec. 3.03.151
Sec. 5.02 Amendments to the 2002 National Electrical Code Sec. 3.03.152
Sec. 5.03 Penalty Dltd. by Ord. 2012-35
Article VI International Mechanical Code
Sec. 6.01 Adoption Sec. 3.03.201
Sec. 6.02 Amendments to the 2003 International Mechanical
Code
Sec. 3.03.202
Sec. 6.03 Penalty Dltd. by Ord. 2012-30
Article VII International Plumbing Code
Sec. 7.01 Adoption Sec. 3.03.251
Sec. 7.02 Amendments to the 2003 International Plumbing
Code
Sec. 3.03.252
Sec. 7.03 Penalty Dltd. by Ord. 2012-29
Article VIII International Energy Conservation Code
Sec. 8.01 Adoption Sec. 3.03.301
Sec. 8.02 Amendments to the 2003 International Energy
Conservation Code
Sec. 3.03.302
Sec. 8.03 Penalty Dltd. by Ord. 2012-31
Article IX International Fire Code
Sec. 9.01 Adoption Sec. 3.03.451
Sec. 9.02 Amendments to the 2003 International Fire Code Sec. 3.03.452
Sec. 9.03 Penalty Dltd. by Ord. 2012-32
Article X RESERVED
Article XI Roofing Requirements
Sec. 11.01 Definitions Sec. 3.06.001
Sec. 11.02 Architectural or laminated shingles required Sec. 3.06.005
Sec. 11.03 Wood shingles and wood shakes prohibited Sec. 3.06.006
Sec. 11.04 Roof repair permit required Sec. 3.06.003
Sec. 11.05 Compliance with the Uniform Building Code Sec. 3.06.007
Sec. 11.06 Appeal process Sec. 3.06.004
Sec. 11.07 Penalty Sec. 3.06.002
Article XII Standards for the Repair, Removal or Demolition of
Dangerous or Substandard Buildings
Sec. 12.01 Definitions Sec. 3.05.001
Sec. 12.02 Powers of council Sec. 3.05.004
Sec. 12.03 Procedures Sec. 3.05.005
Sec. 12.04 Order of town council Sec. 3.05.006
Sec. 12.05 Failure to comply with town order Sec. 3.05.007
Sec. 12.06 Minimum standards; responsibilities of owner Sec. 3.05.008
Sec. 12.07 Recovery of expenses; lien Sec. 3.05.009
Sec. 12.08 Adoption of uniform code Sec. 3.05.003
Sec. 12.09 Penalty Sec. 3.05.002
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Trophy Club Code of Ordinances Appendix B: Code Comparative Table
Appendix B-5
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Article XIII Apartment Complex Licensing
Sec. 13.01 Definitions Sec. 3.10.001
Sec. 13.02 License required Sec. 3.10.003
Sec. 13.03 License application, place of business, issuance,
renewal and expiration
Sec. 3.10.004
Sec. 13.04 License and inspection fees Sec. 3.10.005
Sec. 13.05 License display, replacement and transferability Sec. 3.10.006
Sec. 13.06 License standards Sec. 3.10.007
Sec. 13.07 Inspections, reinspections and certificate of
occupancy
Sec. 3.10.008
Sec. 13.08 Appeals to the town Sec. 3.10.009
Sec. 13.09 Penalty Sec. 3.10.002
Article XIV Single Family Residence Licensing
Sec. 14.01 Definitions Sec. 3.11.001
Sec. 14.02 License required Sec. 3.11.003
Sec. 14.03 License application, place of business, issuance,
renewal and expiration
Sec. 3.11.004
Sec. 14.04 License and inspection fees Sec. 3.11.005
Sec. 14.05 License display, replacement and transferability Sec. 3.11.006
Sec. 14.06 License standards Sec. 3.11.007
Sec. 14.07 Inspections, reinspections and certificate of
occupancy
Sec. 3.11.008
Sec. 14.08 Appeals to the town Sec. 3.11.009
Sec. 14.09 Penalty Sec. 3.11.002
Article XV Swimming Pools
Sec. 15.01 Definitions Sec. 3.07.001
Sec. 15.02 Applicability and prohibitive conduct Sec. 3.07.003
Sec. 15.03 Exceptions Sec. 3.07.004
Sec. 15.04 Swimming pools
A. Swimming pool permit application Sec. 3.07.031
B. Permit fees Sec. 3.07.032
C. Fence requirements Sec. 3.07.061
D. Form survey required Sec. 3.07.062
E. Certification of completion Sec. 3.07.063
F. Lighting Sec. 3.07.064
G. Licensed contractor Sec. 3.07.065
H. Location Sec. 3.07.066
I. Draining of swimming pools Sec. 3.07.067
J. Screening Sec. 3.07.068
K. Clarity of water Sec. 3.07.069
L. Equipment Sec. 3.07.070
Sec. 15.05 Notice of violation Sec. 3.07.005
Sec. 15.06 Abatement Sec. 3.07.006
Sec. 15.07 Appeals Sec. 3.07.007
Sec. 15.08 Penalty Sec. 3.07.002
Article XVI 2003 International Property Maintenance Code
Sec. 16.01 2003 International Property Maintenance Code Sec. 3.03.351
Sec. 16.02 Local amendments to 2003 International Property
Maintenance Code
Sec. 3.03.352
Sec. 16.03 Penalty Dltd. by Ord. 2012-34
Article XVII Hotel Regulations
Sec. 17.01 Definitions Sec. 3.12.001
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Appendix B-6
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 17.02 Hotel permit Sec. 3.12.003
Sec. 17.03 Guest registration requirements Sec. 3.12.004
Sec. 17.04 Hotel permit standards Sec. 3.12.005
Sec. 17.05 Inspections, re-inspections and certificate of
occupancy
Sec. 3.12.006
Sec. 17.06 Appeals to the town Sec. 3.12.007
Sec. 17.07 Penalty Sec. 3.12.002
CHAPTER 4 - FLOOD DAMAGE PREVENTION
Article I Flood Damage Prevention
Sec. 1.01 Findings of fact Sec. 3.13.001
Sec. 1.02 Statement of purpose Sec. 3.13.002
Sec. 1.03 Methods of reducing flood losses Sec. 3.13.003
Sec. 1.04 Applicability (included in general provisions by
Ordinance 2011-12)
Sec. 3.13.005
Sec. 1.05 Definitions Sec. 3.13.004
Sec. 1.06 General provisions Sec. 3.13.005
Sec. 1.07 Administration Sec. 3.13.006
Sec. 1.08 Provisions for flood reduction Sec. 3.13.007
Sec. 1.09 Penalty Sec. 3.13.008
CHAPTER 5 - GENERAL LAND USE
Article I Mobile Home & HUD-Code Manufactured Home
Placement and Replacement
Sec. 1.01 Definitions Sec. 3.08.001
Sec. 1.02 Mobile homes Sec. 3.08.031
Sec. 1.03 Replacement of mobile homes Sec. 3.08.032
Sec. 1.04 HUD-code manufactured homes Sec. 3.08.033
Sec. 1.05 Application Sec. 3.08.034
Sec. 1.06 Boats and trailers tied into utility service Sec. 3.08.071
Sec. 1.07 Maintaining heavy vehicles, boats, and trailers Sec. 3.08.072
Sec. 1.08 Recreational vehicles Sec. 3.08.073
Sec. 1.09 Presumption Sec. 3.08.074
Sec. 1.10 Penalty Sec. 3.08.002
Article II Sexually Oriented Businesses
Sec. 2.01 Purpose and intent Sec. 4.04.001
Sec. 2.02 Definitions Sec. 4.04.002
Sec. 2.03 Classification Sec. 4.04.003
Sec. 2.04 License required Sec. 4.04.031
Sec. 2.05 Issuance of license Sec. 4.04.032
Sec. 2.06 Fees Sec. 4.04.033
Sec. 2.07 Inspection Sec. 4.04.034
Sec. 2.08 Expiration of license Sec. 4.04.035
Sec. 2.09 Suspension Sec. 4.04.036
Sec. 2.10 Revocation Sec. 4.04.037
Sec. 2.11 Appeal Sec. 4.04.038
Sec. 2.12 Transfer of license Sec. 4.04.039
Sec. 2.13 Location of sexually oriented businesses Sec. 4.04.061
Sec. 2.14 Exemption from location restrictions Sec. 4.04.062
Sec. 2.15 Additional regulations for nude escort agencies Sec. 4.04.091
Sec. 2.16 Additional regulations for nude model studios Sec. 4.04.092
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Appendix B-7
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 2.17 Additional regulations for adult theaters and adult
motion picture theaters
Sec. 4.04.093
Sec. 2.18 Additional regulations for adult models Sec. 4.04.094
Sec. 2.19 Regulations pertaining to exhibition of sexually
explicit films or videos
Sec. 4.04.095
Sec. 2.20 Display of sexually explicit material to minors Sec. 4.04.096
Sec. 2.21 Enforcement Sec. 4.04.004
Sec. 2.22 Injunctive relief Sec. 4.04.005
Sec. 2.23 Amendment to this article Sec. 4.04.006
Article III Gravel Pits and Mining Operations
Sec. 3.01 Classification Sec. 4.05.002
Sec. 3.02 Reclamation; restoration of land Sec. 4.05.003
Sec. 3.03 Penalty Sec. 4.05.001
Article IV Sign Regulations
Sec. 4.01 Definitions Sec. 3.09.001
Sec. 4.02 Permit requirements Sec. 3.09.006
Sec. 4.03 General standards
A. Purpose/applicability Sec. 3.09.003
B. Height of signs Sec. 3.09.004
C. Building and electrical codes applicable Sec. 3.09.005
D. Illuminated signs Sec. 3.09.017
E. Miscellaneous types of signs Sec. 3.09.018
F. Billboard signs - CEVMS Sec. 3.09.019(a)
G CEVMS or electronic message board signs Sec. 3.09.019(b)
Sec. 4.04 Traffic safety Sec. 3.09.016
Sec. 4.05 Temporary signs
A. Temporary signs Sec. 3.09.061
B. Political signs Sec. 3.09.062
C. Banner signs Sec. 3.09.063
D. Real estate signs Sec. 3.09.064
E. Special purpose signs Sec. 3.09.065
Sec. 4.06 Commercial and institutional signs
A. General regulations Sec. 3.09.091
B. Table of sign criteria Sec. 3.09.092
Sec. 4.07 Permissible signs not requiring permits Sec. 3.09.007
Sec. 4.08 Temporary permits Sec. 3.09.008
Sec. 4.09 Non-conforming uses Sec. 3.09.009
Sec. 4.10 Meritorious exceptions and appeals Sec. 3.09.010
Sec. 4.11 Maintenance of signs Sec. 3.09.011
Sec. 4.12 Violations Sec. 3.09.012
Sec. 4.13 Enforcement Sec. 3.09.013
Sec. 4.14 Enforcement remedies Sec. 3.09.014
Sec. 4.15 Prohibition Sec. 3.09.015
Sec. 4.16 Penalty Sec. 3.09.002
Article V Parkland Dedication and Open Space
Sec. 5.01 Purpose Sec. 10.03.001
Sec. 5.02 Dedication procedures Sec. 10.03.002
Sec. 5.03 Money in lieu of land Sec. 10.03.003
Sec. 5.04 Additional requirements Sec. 10.03.004
Sec. 5.05 Credit for conveyance of floodplains Sec. 10.03.005
Sec. 5.06 Minimum park improvements Sec. 10.03.006
Sec. 5.07 Appeal Sec. 10.03.007
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Appendix B-8
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Sec. 5.08 Biennial review Sec. 10.03.008
Sec. 5.09 Requirements to be satisfied prior to development Sec. 10.03.009
Sec. 5.10 Permits and services to be withheld Sec. 10.03.010
Sec. 5.11 Redetermination of requirements for proposed
additional dwelling units
Sec. 10.03.011
Sec. 5.12 Penalty Sec. 10.03.012
Article VI Oil and Gas Well Manual
Sec. 6.01 Standards for oil and gas well drilling and
production
A. Generally Sec. 14.03.031
1. Compliance with the development site plan Sec. 14.03.032
2. On-site requirements Sec. 14.03.033
3. Operations and equipment practices and standards Sec. 14.03.034
4. Storage tanks and separators Sec. 14.03.035
5. Flow lines and gathering lines Sec. 14.03.036
6. Additional safety and environmental requirements Sec. 14.03.037
7. Supplemental drilling Sec. 14.03.038
8. Compliance with other laws Sec. 14.03.039
Sec. 6.02 Requirements specific to an oil and gas well
development site plan
Sec. 14.03.002
Sec. 6.03 Penalty Sec. 14.03.001
CHAPTER 6 - HEALTH AND SANITATION
Article I Health Inspector
Sec. 1.01 Health authority Sec. 6.03.001
Sec. 1.02 Payment of expenses Sec. 6.03.002
Sec. 1.02 Term of health authority Sec. 6.03.003
Sec. 1.03 A resident of the State of Texas Sec. 6.03.004
Sec. 1.05 Removal of health authority Sec. 6.03.004
Sec. 1.06 Appointment Dltd. by Ordinance adopting Code
Article II Food Establishment Regulations
Sec. 2.01 Adoption of Texas Food Establishment Rules Sec. 4.06.001
Sec. 2.02 Definitions Sec. 4.06.002
Sec. 2.03 Enforcement of these provisions Sec. 4.06.004
Sec. 2.04 Permits & exceptions Sec. 4.06.041
Sec. 2.05 Permit requirements Sec. 4.06.042
Sec. 2.06 Suspension of permit Sec. 4.06.043
Sec. 2.07 Revocation of permit Sec. 4.06.044
Sec. 2.08 Inspection of food establishments Sec. 4.06.005
Sec. 2.09 Examination and condemnation of food Sec. 4.06.006
Sec. 2.10 Submission and review of plans required Sec. 4.06.007
Sec. 2.11 Food protection manager required Sec. 4.06.008
Sec. 2.12 Snow cone establishments Dltd. by Ord. 2014-17
Sec. 2.13 Mobile units Sec. 4.06.009
Sec. 2.14 Penalty Sec. 4.06.003
CHAPTER 7 - MUNICIPAL COURT
Article I Municipal Court of Record No. 1
Sec. 1.01 Abolition; creation Sec. 7.02.001
Sec. 1.02 Authority Sec. 7.02.002
Sec. 1.03 Commencement Sec. 7.02.003
Sec. 1.04 Judges
A. Appointments Sec. 7.02.031
B. Qualifications Sec. 7.02.032
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Appendix B-9
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
C. Temporary vacancy Sec. 7.02.033
D. Vacancy Sec. 7.02.034
E. Removal Sec. 7.02.035
F. Judicial authority Sec. 7.02.036
Sec. 1.05 Appointment of clerk Sec. 7.02.004
Sec. 1.06 Failure to appear / violate promise to appear Sec. 7.02.005
Sec. 1.07 Driving safety fees Sec. 7.03.001
Sec. 1.08 Warrant fees Sec. 7.03.002
Sec. 1.09 Transcript preparation fee Sec. 7.03.003
Article II Presiding Judge
Sec. 2.01 Appointments (of specific persons as judge) NIC
CHAPTER 8 - NUISANCES
Article I Noise Nuisances
Sec. 1.01 Nuisances defined Sec. 8.02.003
Sec. 1.02 Lawn equipment Sec. 8.02.004
Sec. 1.03 Exemption by permit Sec. 8.02.005
Sec. 1.04 Injunctive relief Sec. 8.02.002
Sec. 1.05 Penalty Sec. 8.02.001
Article II Graffiti
Sec. 2.01 Definitions Sec. 8.03.001
Sec. 2.02 Graffiti: notice of violation Sec. 8.03.003
Sec. 2.03 Penalty Sec. 8.03.002
Article III Weeds
Sec. 3.01 Unlawful to permit weeds, grass or any other plant to
grow higher than twelve inches
Sec. 8.09.001
Sec. 3.02 Accumulation of grass, weeds and brush Sec. 8.09.002
Sec. 3.03 Removal of weeds Sec. 8.09.003
Sec. 3.04 Objectionable and unsightly matter Sec. 8.09.004
Sec. 3.05 Notice of violation Sec. 8.09.005
Sec. 3.06 Abatement of weeds
A. Assessment of town’s expenses Sec. 8.09.006
B. Abatement of weeds without notice–Authorized Sec. 8.09.007(a)
C. Same–Notice of abatement required Sec. 8.09.007(b)
D. Same–Contents of notice Sec. 8.09.007(c)
E. Same–Right to hearing Sec. 8.09.007(d)
F. Same–Conduct of hearing Sec. 8.09.007(e)
G. Same–Assessment of town’s expenses Sec. 8.09.007(f)
H. Same–Authority additional Sec. 8.09.007(g)
Sec. 3.07 Filing a complaint Sec. 8.09.008
Sec. 3.08 Penalty Sec. 8.09.009
Article IV Abandoned and Junk Vehicles
Sec. 4.01 Definitions Sec. 8.08.001
Sec. 4.02 Abandoned motor vehicles
A. Authority to take possession Sec. 8.08.031
B. Notice Sec. 8.08.032
C. Storage fees Sec. 8.08.033
D. Sale or other disposition
1. Sale at auction Sec. 8.08.034
2. Vehicles left in storage facility Sec. 8.08.035
3. Disposal to demolisher Sec. 8.08.036
Sec. 4.03 Junked vehicles
A. Declaration of nuisances Sec. 8.08.061
B. Abatement of nuisance notice Sec. 8.08.062
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C. Procedures to abate nuisance Sec. 8.08.063
D. Exceptions Sec. 8.08.064
E. Authority to enforce Sec. 8.08.065
Sec. 4.04 Obstruction of traffic Sec. 8.08.003
Sec. 4.05 Penalty Sec. 8.08.002
Article V Outdoor Storage/Outdoor Display
Sec. 5.01 Definitions Sec. 8.04.001
Sec. 5.02 Outdoor storage/display screening Sec. 8.04.003
Sec. 5.03 Outdoor storage/display screening Sec. 8.04.004
Sec. 5.04 Portable home storage units Sec. 8.04.005
Sec. 5.05 Penalty Sec. 8.04.002
CHAPTER 9 - PARKS AND RECREATION
Article I Parks and Recreation Board
Sec. 1.01 Definitions Sec. 1.08.031
Sec. 1.02 Board established/number of members/terms
established qualifications
Sec. 1.08.032
Sec. 1.03 Powers and duties of the board Sec. 1.08.033
Sec. 1.04 Procedures of the board Sec. 1.08.034
Article II Trophy Club Park
Sec. 2.01 Definitions Sec. 1.08.091
Sec. 2.02 Hours open to the public/signage Sec. 1.08.092
Sec. 2.03 General prohibitions Sec. 1.08.093
Sec. 2.04 Exemptions Sec. 1.08.094
Sec. 2.05 Enabling provision Sec. 1.08.095
Sec. 2.06 Vehicles, speed and traffic Sec. 1.08.096
Sec. 2.07 Operation of all-terrain vehicles, motorcycles,
mopeds and motor-driven cycles
Sec. 1.08.097
Sec. 2.08 Usage fees Sec. 1.08.098
Sec. 2.09 Special event permit application procedure Sec. 1.08.121
Sec. 2.10 Reasons for special event permit denial Sec. 1.08.122
Sec. 2.11 Appeals of special event permit denial or conditional
approval
Sec. 1.08.123
CHAPTER 10 - PUBLIC SAFETY
Article I Creation of Police Department
Sec. 1.01 Creation of police department Sec. 9.05.031
Sec. 1.02 Standards Sec. 9.05.032
Sec. 1.03 Chief of police Sec. 9.05.033
Sec. 1.04 Duties of police officers Sec. 9.05.034
Sec. 1.05 Police reserve
A. Creation Sec. 9.05.061
B. Authority of chief of police Sec. 9.05.062
C. Qualifications of members Sec. 9.05.063
D. Duties Sec. 9.05.064
E. Appointment of members; resignation Sec. 9.05.065
Sec. 1.06 Duties of police officers Sec. 9.05.001
Article II Traffic & Vehicles
Sec. 2.01 Definitions Sec. 12.01.001
Sec. 2.02 Speed of vehicles
A. Maximum speed Sec. 12.03.041
B. Speed of vehicles Sec. 12.03.042
C. Signs Sec. 12.03.043
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Sec. 2.03 Traffic control devices
A. Uniformity of traffic control devices;
conformance to manual
Sec. 12.02.001
B. Stop signs Sec. 12.02.031
C. U-turns Sec. 12.02.032
D. Stoplights Rpld. by Ordinance adopting Code
E. Compliance Sec. 12.02.002
F. Exceptions as to authorized emergency vehicles Sec. 12.02.003
G. Display of unauthorized device Sec. 12.02.004
H. Interference Sec. 12.02.005
I. Manual operation by school crossing guard Sec. 12.02.006
J. Installation and maintenance generally Sec. 12.02.007
K. Same - Evidence of authority Sec. 12.02.008
L. Emergency signs Sec. 12.02.033
Sec. 2.04 Impairing visibility Sec. 12.01.003
Sec. 2.05 Parking
A. Definitions Sec. 12.04.001
B. Parking of vehicles prohibited Sec. 12.04.003
C. Parking on unapproved surfaces
1. Parking on unapproved surface Sec. 12.04.004
2. Parking near certain crosswalks Sec. 12.04.005
D. Exception for emergency vehicles Sec. 12.04.006
E. Overnight parking Sec. 12.04.008
F. Presumption Sec. 12.04.002
G. Parking for handicapped persons Sec. 12.04.009
H. Parking prohibited in specific places Sec. 12.04.007
Sec. 2.06 Overweight vehicles
A. Weights and loads of vehicles; special permits Sec. 12.05.031
B. Weight of load Sec. 12.05.032
C. Application for registration to show weight and
maximum load; license receipt; penalty for
violation
Sec. 12.05.033
D. Liability Sec. 12.05.034
E. Motor vehicle, solid waste transport, weight
limitations
Sec. 12.05.035
F. Weight of vehicles transporting ready-mix
concrete
Sec. 12.05.036
G. Weighing loaded vehicles by police officers Sec. 12.05.037
Sec. 2.07 Private streets Sec. 12.01.004
Sec. 2.08 Penalty Sec. 12.01.002
Article III Alarm Systems
Sec. 3.01 Disclaimer Sec. 4.02.001
Sec. 3.02 Definitions Sec. 4.02.002
Sec. 3.03 Permit required; application, issuance Sec. 4.02.041
Sec. 3.04 Permit duration and removal Sec. 4.02.042
Sec. 3.05 Proper alarm system operation and maintenance Sec. 4.02.005
Sec. 3.06 Manual reset required Sec. 4.02.006
Sec. 3.07 Reporting of alarm signals Sec. 4.02.007
Sec. 3.08 Alarm reporting Sec. 4.02.008
Sec. 3.09 Recordkeeping Sec. 4.02.009
Sec. 3.10 Automatic dialing prohibited Sec. 4.02.010
Sec. 3.11 Alarm system operating instructions Sec. 4.02.011
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Sec. 3.12 Alarm dispatch records Sec. 4.02.012
Sec. 3.13 System performance reviews Sec. 4.02.013
Sec. 3.14 Service fee; false alarm notification Sec. 4.02.014
Sec. 3.15 Revocation of alarm permit Sec. 4.02.043
Sec. 3.16 Appeal of denial or revocation of a permit
A. Request for hearing Sec. 4.02.044(a)
B. Conduct of hearing Sec. 4.02.044(b)
C. Responsibility for acts by agents Sec. 4.02.015
Sec. 3.17 Forfeiture of application fee upon revocation of
permit
Sec. 4.02.045
Sec. 3.18 Reapplication of permit after revocation Sec. 4.02.046
Sec. 3.19 Exemption of certain government bodies Sec. 4.02.004
Sec. 3.20 Penalties Sec. 4.02.003
Article IV Peddlers and Solicitors
Sec. 4.01 Definitions Sec. 4.03.001
Sec. 4.02 Commercial solicitation
A. Permit required Sec. 4.03.031
B. Affirmative defenses to permit requirement Sec. 4.03.032
C. Application for permit Sec. 4.03.033
D. Issuance of permits; bond required Sec. 4.03.034
E. Permit holders and identification cards Sec. 4.03.035
F. Appeal from denial or revocation of permit Sec. 4.03.036
G. Prohibited conduct Sec. 4.03.037
H. Sale of fresh or frozen meats and seafood
prohibited on public property
Sec. 4.03.038(a)
I. Sale of fresh or frozen meats or seafood by
itinerant vendors prohibited
Sec. 4.03.038(b)
J. Unlawful to solicit occupants of vehicles on paved
surface or shoulder of public streets
Sec. 4.03.039(a)
K. Unlawful to solicit or to erect structures on public
property
Sec. 4.03.039(b)
L. Newspaper and publication sales Sec. 4.03.039(c)
M. Major thoroughfares Sec. 4.03.039(d)
N. Child solicitations - Supervision of child
solicitors
Sec. 4.03.040
Sec. 4.03 Charitable solicitations
A. Permit required/display of proof Sec. 4.03.071
B. Affirmative defenses Sec. 4.03.072
C. Application - Same information to be contained Sec. 4.03.073
D. Issuance of permit/duration of permit Sec. 4.03.074
E. Appeal from permit denial or revocation Sec. 4.03.075
F. Responsibility for acts of solicitors Sec. 4.03.076
G. Certain methods of solicitation prohibited Sec. 4.03.077
Sec. 4.04 Religious solicitations
A. Registration requirement Sec. 4.03.101
B. Form of registration Sec. 4.03.102
C. Registration card Sec. 4.03.103
D. Certain methods of solicitations prohibited Sec. 4.03.104
Sec. 4.05 Approved times for solicitations Sec. 4.03.003
Sec. 4.06 Penalty Sec. 4.03.002
Article V Discharge of Firearms
Sec. 5.01 Discharge of firearms prohibited Sec. 8.05.002
Sec. 5.02 Penalty Omitted by Ord. 2011-21
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Article VI Use of Fireworks
Sec. 6.01 Definitions Sec. 5.03.001
Sec. 6.02 General prohibition against manufacture, sale,
discharge transportation, etc.
Sec. 5.03.003
Sec. 6.03 Permitted transportation Sec. 5.03.004
Sec. 6.04 Certain signal flares, torpedoes and rockets exempt Sec. 5.03.005
Sec. 6.05 Toy pistol caps containing less than twenty-five one-
hundredths rains of explosive compounds excepted
Sec. 5.03.006
Sec. 6.06 Illegal fireworks as nuisance; seizure and
destruction, etc.
Sec. 5.03.007
Sec. 6.07 Right of entry to enforce ordinance Sec. 5.03.008
Sec. 6.08 Public displays - when permitted Sec. 5.03.031
Sec. 6.09 Application for permit Sec. 5.03.032
Sec. 6.10 Issuance or denial and term of permit; permit not
transferable
Sec. 5.03.033
Sec. 6.11 Insurance or bond required Sec. 5.03.034
Sec. 6.12 Only aerial displays permitted Sec. 5.03.035
Sec. 6.13 Material not to be stored in town Sec. 5.03.036
Sec. 6.14 Hazardous conditions prohibited Sec. 5.03.037
Sec. 6.15 Qualifications of person handling fireworks Sec. 5.03.038
Sec. 6.16 Firemen to be present Sec. 5.03.039
Sec. 6.17 Violations Rpld. by Ordinance adopting Code
Sec. 6.18 Time within which to comply; five thousand feet Sec. 5.03.009
Sec. 6.19 Penalty Sec. 5.03.002
Article VII Emergency Situations
Sec. 7.1 Response to emergency
A. Generally Sec. 9.02.001
B. Emergency vehicles used for law enforcement Sec. 12.01.006
Article VIII Comprehensive Emergency Management
Sec. 8.01 Organization Sec. 1.06.001
Sec. 8.02 Emergency management director - powers and duties Sec. 1.06.002
Sec. 8.03 Emergency management plan Sec. 1.06.003
Sec. 8.04 Interjurisdictional program Sec. 1.06.004
Sec. 8.05 Override Sec. 1.06.005
Sec. 8.06 Liability Sec. 1.06.006
Sec. 8.07 Commitment of funds Sec. 1.06.007
Sec. 8.08 Offenses; penalties Sec. 1.06.008
Sec. 8.09 Penalty Sec. 1.06.009
Article IX Sale of Vehicles on Private or Public Streets
Sec. 9.01 Prohibition Sec. 8.01.001(a)
Sec. 9.02 Penalty Sec. 8.01.001(b)
Article X Emergency Medical Services
Sec. 10.01 Definitions Sec. 6.02.001
Sec. 10.02 Emergency medical service provided by town Sec. 6.02.003
Sec. 10.03 Fee Sec. 6.02.004
Sec. 10.04 Responsibility to pay fee Sec. 6.02.005
Sec. 10.05 Where fees incurred Sec. 6.02.006
Sec. 10.06 False statement of emergency Sec. 6.02.007
Sec. 10.07 Penalty Sec. 6.02.002
Article XI Motor Assisted Scooters
Sec. 11.01 Definitions Sec. 12.06.001
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Sec. 11.02 Restrictions and prohibition for motor assisted
scooters
Sec. 12.06.003
Sec. 11.03 Penalty Sec. 12.06.002
Article XII Registered Sex Offenders
Sec. 12.01 Definitions Sec. 8.06.001
Sec. 12.02 Offenses Sec. 8.06.002
Sec. 12.03 Evidentiary matters; measurements Sec. 8.06.003
Sec. 12.04 Culpable mental state not required Sec. 8.06.004
Sec. 12.05 Affirmative defenses Sec. 8.06.005
Sec. 12.06 Penalty Sec. 8.06.006
Sec. 12.07 1,000' safety zone map Sec. 8.06.007
Article XIII Fire Marshal’s Office
Sec. 13.01 Creation of fire marshal’s office Sec. 5.02.001
Sec. 13.02 Standards Sec. 5.02.002
Sec. 13.03 Fire marshal - authority and duties Sec. 5.02.003
Sec. 13.04 Duties of arson investigators Sec. 5.02.004
Sec. 13.05 Arson investigator reserve force Sec. 5.02.005
CHAPTER 11 - PUBLIC WORKS
Article I Refuse, Recyclable, and Hazardous Waste Materials
Sec. 1.01 Definitions Sec. 13.02.001
Sec. 1.02 Duties of a residential customer Sec. 13.02.002
Sec. 1.03 Residential collection of brush Sec. 13.02.003
Sec. 1.04 Residential collection charges Sec. 13.02.004
Sec. 1.05 Residential collection of hazardous waste materials Sec. 13.02.005
Sec. 1.06 Removal of debris Sec. 13.02.006
Sec. 1.07 Duties of commercial, institutional, industrial and
residential customers
Sec. 13.02.007
Sec. 1.08 Commercial, institutional and industrial collection Sec. 13.02.008
Sec. 1.09 Prohibited acts Sec. 13.02.009
Article II Scavenging Refuse
Sec. 2.01 Definitions Sec. 13.02.041
Sec. 2.02 Scavenging discarded material prohibited Sec. 13.02.043
Sec. 2.03 Exceptions Sec. 13.02.044
Sec. 2.04 Penalty Sec. 13.02.042
Article III Management of Public Right(s) of Way
Sec. 3.01 Definitions Sec. 13.04.001
Sec. 3.02 Provider registration; permitting and notice
requirements
Sec. 13.04.003
Sec. 3.03 Right(s)-of-way and construction Sec. 13.04.004
Sec. 3.04 Construction/maintenance/repair Sec. 13.04.005
Sec. 3.05 Trees/landscaping Sec. 13.04.006
Sec. 3.06 Attachments to space in ducts Sec. 13.04.007
Sec. 3.07 Temporary removal of aerial wires Sec. 13.04.008
Sec. 3.08 Restoration Sec. 13.04.009
Sec. 3.09 Safety Sec. 13.04.010
Sec. 3.10 Provider responsibility Sec. 13.04.011
Sec. 3.11 Insurance Sec. 13.04.012
Sec. 3.12 Penalty Sec. 13.04.002
Sec. 3.13 Governing law Sec. 13.04.013
Sec. 3.14 Indemnity Sec. 13.04.014
Sec. 1.15
[sic]
Surety Sec. 13.04.015
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Sec. 3.16 Director’s authority/enforcement/offenses Sec. 13.04.016
Sec. 3.17 Venue Sec. 13.04.017
Sec. 3.18 Notice Sec. 13.04.018
Article IV Public Stormwater Drainage Utility
Sec. 4.01 Definitions Sec. 13.03.001
Sec. 4.02 Adoption of findings Sec. 13.03.003
Sec. 4.03 Designation of program responsibility Sec. 13.03.004
Sec. 4.04 Exemption Sec. 13.03.005
Sec. 4.05 Penalty clause Sec. 13.03.002
Article V Stormwater Drainage Fees
Sec. 5.01 Definitions Sec. 13.03.031
Sec. 5.02 Findings and determinations Sec. 13.03.032
Sec. 5.03 Stormwater drainage utility fees schedule Sec. 13.03.033
Sec. 5.04 Billing, payment, and penalties Sec. 13.03.034
Sec. 5.05 Adjustment of fees Sec. 13.03.035
Sec. 5.06 Stormwater drainage utility fund Sec. 13.03.036
Sec. 5.07 Exemption Sec. 13.03.037
Sec. 5.08 Penalty Omitted by Ord. 2012-01
Article VI Stormwater Runoff
Sec. 6.01 General provisions Sec. 3.14.001
Sec. 6.02 Definitions Sec. 3.14.002
Sec. 6.03 Conduct and affirmative defenses - prohibited Sec. 3.14.005
Sec. 6.04 Nuisances Sec. 3.14.006
Sec. 6.05 Runoff from construction activity Sec. 3.14.007
Sec. 6.06 Erosion control deposit account Sec. 3.14.008
Sec. 6.07 Maintenance and repair of storm water facilities Sec. 3.14.009
Sec. 6.08 Administration and enforcement Sec. 3.14.004
Sec. 6.09 Penalty Sec. 3.14.003
Article VII Septic Tanks
Sec. 7.01 Construction Sec. 13.01.001(a)
Sec. 7.02 Exemption Sec. 13.01.001(b)
Sec. 7.03 Penalty Sec. 13.01.001(c)
Article VIII Lawn and Landscape Irrigation Conservation
Sec. 8.01 Restrictions Sec. 1.10.062
Sec. 8.02 Rain-sensing devices and freeze gauges Sec. 1.10.063
Sec. 8.03 Variance Sec. 1.10.064
Sec. 8.04 Appeals Sec. 1.10.065
Sec. 8.05 Exemptions Sec. 1.10.066
Sec. 8.06 Penalty Sec. 1.10.061
Article IX Drought Contingency Measures
Sec. 9.01 Declaration of policy, purpose, and intent Sec. 1.10.091
Sec. 9.02 Applicability (this section combined with “policy,
purpose and intent” by Ordinance 2013-13)
Sec. 1.10.091
Sec. 9.03 Definitions Sec. 1.10.093
Sec. 9.04 Notification Sec. 1.10.095
Sec. 9.05 Stage 1 drought conditions - prohibited conduct and
exceptions
Sec. 1.10.096
Sec. 9.06 Stage 2 drought conditions - prohibited conduct and
exceptions
Sec. 1.10.097
Sec. 9.07 Stage 3 drought conditions - prohibited conduct and
exceptions
Sec. 1.10.098
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Sec. 9.08 Termination of restrictions Sec. 1.10.099
Sec. 9.09 Enforcement Sec. 1.10.094
CHAPTER 12 - SUBDIVISION RULES AND REGULATIONS
Article I General Provisions and Requirements
Sec. 1.01 Title Sec. 10.02.001
Sec. 1.02 Authority Sec. 10.02.002
Sec. 1.03 Purpose Sec. 10.02.003
Sec. 1.04 Conditions Sec. 10.02.004
Sec. 1.05 Jurisdiction Sec. 10.02.005
Sec. 1.06 Consistency with plans and ordinances Sec. 10.02.006
Sec. 1.07 Special provisions Sec. 10.02.007
Sec. 1.08 Interpretation / conflict Sec. 10.02.008
Sec. 1.09 Amendments Sec. 10.02.009
Article II Definitions
Sec. 2.01 General Sec. 10.02.031
Sec. 2.02 Definitions Sec. 10.02.032
Article III General Plat Submittal Requirements
Sec. 3.01 Requirements to plat Sec. 10.02.061
Sec. 3.02 Preliminary conference Sec. 10.02.062
Sec. 3.03 Plat submittal Sec. 10.02.063
Sec. 3.04 Approval procedure - overview Sec. 10.02.064
Sec. 3.05 Criteria for plat approval Sec. 10.02.065
Sec. 3.06 Staff review of plat application Sec. 10.02.066
Sec. 3.07 Preliminary plats Sec. 10.02.067
Sec. 3.08 Final plats Sec. 10.02.068
Sec. 3.09 Vacation instrument, replatting and amended plats Sec. 10.02.069
Sec. 3.10 Short form plats Sec. 10.02.070
Sec. 3.11 Dedication Sec. 10.02.071
Sec. 3.12 Provision of utility service Sec. 10.02.072
Sec. 3.13 Undergrounding of utilities Sec. 10.02.073
Article IV Improvements
Sec. 4.01 Responsibility for construction Sec. 10.02.101
Sec. 4.02 Prior approval of engineering designs Sec. 10.02.102
Sec. 4.03 Inspections Sec. 10.02.103
Sec. 4.04 As-built plans Sec. 10.02.104
Sec. 4.05 Engineer’s certificate Sec. 10.02.105
Article V Improvements
Sec. 5.01 General Sec. 10.02.131
Sec. 5.02 Blocks Sec. 10.02.132
Sec. 5.03 Lots Sec. 10.02.133
Sec. 5.04 Streets Sec. 10.02.134
Sec. 5.05 Sidewalks and extra width paths Sec. 10.02.135
Sec. 5.06 Storm drainage Sec. 10.02.136
Sec. 5.07 Water, sewer and fire Sec. 10.02.137
Sec. 5.08 Utility easements Sec. 10.02.138
Sec. 5.09 Monuments Sec. 10.02.139
Sec. 5.10 Natural tree and ground cover Sec. 10.02.140
Article VI Enforcement
Sec. 6.01 General Sec. 10.02.171
Sec. 6.02 Penalty for violators of regulations Sec. 10.02.172
Sec. 6.03 Town attorney’s authority Sec. 10.02.173
Sec. 6.04 Waivers to subdivision regulations Sec. 10.02.174
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Article VII Developer’s Agreement, Financial Assurance and
Construction Contracts for Public Improvements
Sec. 7.01 Procedures Sec. 10.02.201
Sec. 7.02 Performance bonds, payment bonds, maintenance
bonds & financial assurances
Sec. 10.02.202
Sec. 7.03 Inspections and approval of public improvements Sec. 10.02.203
Sec. 7.04 Deferral or waiver of required improvements Sec. 10.02.204
Sec. 7.05 General construction requirements Sec. 10.02.205
Sec. 7.06 Approval of work Sec. 10.02.206
Sec. 7.07 Ownership and maintenance of completed public
facilities
Sec. 10.02.207
Sec. 7.08 Refund to developer from future connection to
sanitary sewer system
Sec. 10.02.208
Article VIII Tree Preservation and Removal
Sec. 8.01 Definitions Sec. 10.02.241
Sec. 8.02 Tree board Sec. 10.02.242
Sec. 8.03 Tree preservation Sec. 10.02.243
Sec. 8.04 Information assistance Sec. 10.02.244
Sec. 8.05 Protected trees Sec. 10.02.245
Sec. 8.06 Specimen trees Sec. 10.02.246
Sec. 8.07 Majestic or historic trees Sec. 10.02.247
Sec. 8.08 Tree removal and replacement Sec. 10.02.248
Sec. 8.09 Tree protection measures Sec. 10.02.249
Sec. 8.10 Tree permits Sec. 10.02.250
Sec. 8.11 Land-disturbing activities Sec. 10.02.251
Sec. 8.12 Appeals Sec. 10.02.252
Sec. 8.13 Penalty Sec. 10.02.010
CHAPTER 13 - ZONING
Article I Intent, Purpose and Methods
Sec. 1.01 Short title Sec. 14.02.001
Sec. 1.02 Purpose Sec. 14.02.002
Sec. 1.03 Official zoning map Sec. 14.02.003
Sec. 1.04 Rules for interpretation of district boundaries Sec. 14.02.004
Sec. 1.05 General provisions Sec. 14.02.005
Sec. 1.06 Newly annexed territory Sec. 14.02.006
Sec. 1.07 Zoning designation of vacated streets and alleys Sec. 14.02.007
Sec. 1.08 Water areas Sec. 14.02.008
Article II Definitions
Sec. 2.01 Catchlines Sec. 14.02.051
Sec. 2.02 General definitions Sec. 14.02.052
Article III Establishment of Districts
Sec. 3.01 District classifications Sec. 14.02.101
Sec. 3.02 Classification of new and unlisted properties Sec. 14.02.102
Sec. 3.02 Classification of new and unlisted properties
[Renumbered and renamed as sec. 3.03, Use table,
by Ord. 2011-17]
Sec. 14.02.103
Article IV District Regulations
Sec. 4.01 R-15 Single Family District regulations Sec. 14.02.151
Sec. 4.02 R-12 Single Family District regulations Sec. 14.02.152
Sec. 4.03 R-11 Single Family District regulations Sec. 14.02.153
Sec. 4.04 R-10 Single Family District regulations Sec. 14.02.154
Sec. 4.05 R-9 Single Family District regulations Sec. 14.02.155
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Sec. 4.06 R-8 Single Family District regulations Sec. 14.02.156
Sec. 4.07 R-FV Single Family District regulations Sec. 14.02.157
Sec. 4.08 R-TT Twenty in Trophy Single Family District
regulations
Sec. 14.02.158
Sec. 4.09 R-OH Oak Hill Single Family District regulations Sec. 14.02.159
Sec. 4.10 R-OHP Oak Hill Patio Single Family District
regulations
Sec. 14.02.160
Sec. 4.11 R-S Summit Single Family District regulations Sec. 14.02.161
Sec. 4.12 MH-HUD Code Manufactured Home and
Industrialized Housing District regulations
Sec. 14.02.162
Sec. 4.13 PD - Planned Development District regulations Sec. 14.02.163
Sec. 4.14 NS - Neighborhood Service District regulations Sec. 14.02.164
Sec. 4.15 CG - Commercial General District regulations Sec. 14.02.165
Sec. 4.16 CR - Commercial Recreation District regulations Sec. 14.02.166
Sec. 4.17 PO - Professional Office District regulations Sec. 14.02.167
Sec. 4.18 GU - Government Use District regulations Sec. 14.02.168
Sec. 4.19 H - Historic Landmark District regulations Sec. 14.02.169
Article V Supplementary District Regulations
Sec. 5.01 Temporary uses Sec. 14.02.251
Sec. 5.02 Sale of alcoholic beverages Sec. 14.02.252
Sec. 5.03 Accessory structures and uses Sec. 14.02.253
Sec. 5.04 Height limits Sec. 14.02.254
Sec. 5.05 Required yards Sec. 14.02.255
Sec. 5.06 Projections into required yards Sec. 14.02.256
Sec. 5.07 Right-of-way and easement dedication requirements Sec. 14.02.257
Sec. 5.08 Nonconforming uses and structures Sec. 14.02.258
Sec. 5.09 Site plan requirements Sec. 14.02.259
Sec. 5.10 Wireless antennas & antenna facilities Sec. 14.02.260
Sec. 5.11 Home occupations Sec. 14.02.261
Sec. 5.12 Oil and gas well drilling & production Sec. 14.02.262
Article VI Conditional & Specific Uses
Sec. 6.01 Conditional use permits Sec. 14.02.301
Sec. 6.02 Specific use permit Sec. 14.02.302
Article VII Development & Design Standards
Sec. 7.01 Fencing, retaining walls & screening Sec. 14.02.351
Sec. 7.02 Deleted in revision
Sec. 7.03 Landscaping regulations Sec. 14.02.352
Sec. 7.04 Off-street parking regulations Sec. 14.02.353
Sec. 7.05 Off-street loading regulations Sec. 14.02.354
Sec. 7.06 Parking and loading area development standards for
non-residential uses
Sec. 14.02.355
Article VIII Administration & Enforcement
Sec. 8.01 Administration & enforcement Sec. 14.02.401
Sec. 8.02 Certificates of occupancy & compliance Sec. 14.02.402
Sec. 8.03 Amendments Sec. 14.02.403
Sec. 8.04 Planning & zoning commission Sec. 14.02.404
Sec. 8.05 Zoning board of adjustment Sec. 14.02.405
Sec. 8.06 Public hearings Sec. 14.02.406
Sec. 8.07 Exceptions and exemptions not required to be
negated
Sec. 14.02.407
Sec. 8.08 Penalty Sec. 14.02.408
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Appendix B-19
2006 CODE OF ORDINANCES 2016 CODE OF ORDINANCES
Article IX Illustrations
Sec. 9.01 First floor designation and measurement of height of
structure
Sec. 14.02.451
Sec. 9.02 Height measurement for primary structure and
accessory building
Sec. 14.02.452
Sec. 9.03 Determining set-back distance along curved property
lines
Sec. 14.02.453
Sec. 9.04 Method of measuring front yard Sec. 14.02.454
Sec. 9.05 Front yard where zoning changes in a block Sec. 14.02.455
Sec. 9.06 Lot width Sec. 14.02.456
Sec. 9.07 Lot depth Sec. 14.02.457
Sec. 9.08 Yards Sec. 14.02.458
Sec. 9.09 Obstruction zones Sec. 14.02.459
Sec. 9.10 Sight distance zone (plan view) Sec. 14.02.460
CHAPTER 15 - TAXATION
Article I Hotel/Motel Occupancy Tax
Sec. 1.01 Definitions Sec. 11.02.001
Sec. 1.02 Levy of tax Sec. 11.02.002
Sec. 1.03 Exemptions and refunds Sec. 11.02.003
Sec. 1.04 Reports / records Sec. 11.02.004
Sec. 1.05 Tax collection Sec. 11.02.005
Sec. 1.06 Use of tax revenue Sec. 11.02.006
Sec. 1.07 Criminal penalty Sec. 11.02.007
Article II Penalty for Collection Costs for Delinquent Taxes and
Assessments
Sec. 2.01 Penalty for collection costs for delinquent taxes and
assessments
Sec. 11.01.001
Town Council Page 1143 of 1236 Meeting Date: February 9, 2016
Town Council Page 1144 of 1236 Meeting Date: February 9, 2016
Appendix C-1
APPENDIX C
ORDINANCE DISPOSITION TABLE
This table shows the location or gives the disposition of the ordinances within the Trophy Club Code of
Ordinances. The abbreviation “NIC” means the ordinance is not included in this code, though not
necessarily repealed. In the “Supp. No.” column, the letters “CA” indicate the ordinance was published in
the original code as adopted. When an ordinance has been added as part of a code supplement, the
supplement number will be added accordingly.
Ord. No. Date Description Disposition Supp.
No.
85-19 6/24/85 Secs. I, II Septic tanks, cesspools and
privies
Sec. 13.01.001 CA
85-23 3/23/87 Displaying or posting sign for purpose of
selling vehicle
Sec. 8.01.001 CA
1985-25 10/14/85 Gravel pits
Sec. I Zoning regulations; permit Sec. 4.05.002 CA
Sec. II Reclamation and restoration of
land
Sec. 4.05.003 CA
Penalty Sec. 4.05.001 CA
85-26 10/28/85 Discharge of firearms Sec. 8.05.002 CA
86-02 1/13/86 Fireworks
Sec. I Definitions Sec. 5.03.001 CA
Sec. III General prohibition Sec. 5.03.003 CA
Sec. III Permitted transportation Sec. 5.03.004 CA
Sec. IV Exemption of signal flares and
starter’s pistols
Sec. 5.03.005 CA
Sec. V Exemption of toy pistol caps Sec. 5.03.006 CA
Sec. VI Illegal fireworks declared
nuisance; seizure and destruction;
injunctive relief
Sec. 5.03.007 CA
Sec. VII Right of entry Sec. 5.03.008 CA
Sec. VIII Public displays generally Sec. 5.03.031 CA
Sec. IX Public displays application for
permit
Sec. 5.03.032 CA
Sec. X Public displays issuance or denial
of permit; duration; transfer
Sec. 5.03.033 CA
Sec. XI Public displays insurance and
bond
Sec. 5.03.034 CA
Sec. XII Public displays aerial displays
permitted
Sec. 5.03.035 CA
Sec. XIII Public displays material not to
be stored in town
Sec. 5.03.036 CA
Sec. XIV Public displays hazardous
conditions prohibited
Sec. 5.03.037 CA
Sec. XV Qualifications of person
handling fireworks for public displays
Sec. 5.03.038 CA
Sec. XVI Firemen to be present for public
displays
Sec. 5.03.039 CA
Town Council Page 1145 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-2
Ord. No. Date Description Disposition Supp.
No.
86.02,
cont’d.
Sec. XVII Violations Rpld. by Ordinance adopting
Code
CA
Sec. XVIII Grace period Sec. 5.03.009 CA
Sec. XXI Penalty Sec. 5.03.002 CA
86-06 2/10/86 Apartment complex licensing
Sec. II Definitions Sec. 3.10.001 CA
Sec. III License required Sec. 3.10.003 CA
Sec. IV Application for license;
expiration; change of ownership or
management
Sec. 3.10.004 CA
Sec. V License fee Sec. 3.10.005 CA
Sec. VI Display of license; replacement
license; transfer
Sec. 3.10.006 CA
Sec. VII Licensing standards Sec. 3.10.007 CA
Sec. VIII Inspections; cancellation of
license
Sec. 3.10.008 CA
Sec. IX Appeals Sec. 3.10.009 CA
Sec. X Penalty Sec. 3.10.002 CA
86-07 2/10/86 Single-family residence licensing
Sec. II Definitions Sec. 3.11.001 CA
Sec. III License required Sec. 3.11.003 CA
Sec. IV Application for license;
expiration; change of ownership or
management
Sec. 3.11.004 CA
Sec. V License fee Sec. 3.11.005 CA
Sec. VI Display of license; replacement
license; transfer
Sec. 3.11.006 CA
Sec. VII Licensing standards Sec. 3.11.007 CA
Sec. VIII Inspections; cancellation of
license
Sec. 3.11.008 CA
Sec. IX Appeals Sec. 3.11.009 CA
Sec. X Penalty Sec. 3.11.002 CA
86-12 4/14/86 Peddlers and solicitors
Sec. II Definitions Sec. 4.03.001 CA
Sec. III Commercial solicitation Secs. 4.03.031–4.03.040 CA
Sec. IV Charitable solicitation Secs. 4.03.071–4.03.077 CA
Sec. V Religious solicitation Secs. 4.03.101–4.03.104 CA
Sec. VI Hours and days of operation Sec. 4.03.003 CA
Sec. VIII Penalty Sec. 4.03.002 CA
87-05 2/23/87 Weeds, refuse or other objectionable
matter
Sec. 3 Removal Sec. 8.09.003 CA
Sec. 4 Objectionable and unsightly
vegetation defined
Sec. 8.09.004 CA
Sec. 5 Notice of violation; performance of
work by town
Sec. 8.09.005 CA
Sec. 6 Assessment of town’s expenses;
abatement of weeds without prior notice
Secs. 8.09.006, 8.09.007 CA
Sec. 7 Requirements prior to filing of
complaint or other legal action
Sec. 8.09.008 CA
Sec. 8 Penalty Sec. 8.09.009 CA
Town Council Page 1146 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-3
Ord. No. Date Description Disposition Supp.
No.
87-07 3/23/87 Emergency management
Sec. I Organization Sec. 1.06.001 CA
Sec. II Powers and duties of emergency
management director
Sec. 1.06.002 CA
Sec. III Emergency management plan Sec. 1.06.003 CA
Sec. IV Interjurisdictional program Sec. 1.06.004 CA
Sec. V Override Sec. 1.06.005 CA
Sec. VI Liability Sec. 1.06.006 CA
Sec. VII Commitment of funds Sec. 1.06.007 CA
Sec. VIII Offenses Sec. 1.06.008 CA
Sec. XI Penalty Sec. 1.06.009 CA
87-18 8/10/87 Building official
Appointment Sec. 3.02.001 CA
Authority Sec. 3.02.002 CA
87-26 11/11/87 Health authority
Sec. II Established; duties Sec. 6.03.001 CA
Sec. III Payment of expenses Sec. 6.03.002 CA
Sec. IV Appointment; term;
qualifications; oath
Sec. 6.03.003 CA
Sec. V Removal Sec. 6.03.004 CA
Sec. VI Designation Dltd. by Ordinance adopting
Code
CA
88-05 1/18/88 Health authority established; duties Sec. 6.03.001 CA
88-27 12/12/88 Noise
Sec. I Declaration of nuisance Sec. 8.02.003 CA
Sec. II Exception for lawn equipment and
agricultural equipment
Sec. 8.02.004 CA
Sec. III Permit Sec. 8.02.005 CA
Sec. IV Injunctive relief Sec. 8.02.002 CA
Sec. V Penalty Sec. 8.02.001 CA
90-15 10/24/90 Police
Sec. I Police department created Sec. 9.05.031 CA
Sec. II Qualifications of officers Sec. 9.05.032 CA
Sec. III Chief of police Sec. 9.05.033 CA
Sec. IV Police department duties Sec. 9.05.034 CA
Sec. V Police reserve
Creation Sec. 9.05.061 CA
Police reserve; Authority of chief of
police
Sec. 9.05.062 CA
Police reserve; Qualifications of members Sec. 9.05.063 CA
Police reserve; Duties Sec. 9.05.064 CA
Police reserve; Appointment of members;
termination of membership
Sec. 9.05.065 CA
Sec. VI Office of marshal abolished Sec. 9.05.001 CA
92-03 2/18/92 Emergency medical services
Sec. II Definitions Sec. 6.02.001 CA
Sec. III Provision of service by town Sec. 6.02.003 CA
Sec. IV Fee schedule Sec. 6.02.004 CA
Sec. V Responsibility for payment of fee Sec. 6.02.005 CA
Sec. VI Due date for payment of fee Sec. 6.02.006 CA
Sec. VII False statement of emergency Sec. 6.02.007 CA
Sec. VII Penalty Sec. 6.02.002 CA
Town Council Page 1147 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-4
Ord. No. Date Description Disposition Supp.
No.
92-11 5/19/92 Solid waste
Sec. II Definitions Sec. 13.02.001 CA
92-04A 8/17/93 Forms survey Sec. 3.01.001 CA
92-14 5/19/92 Abandoned or junked vehicles
Sec. I
Definitions Sec. 8.08.001 CA
Penalty Sec. 8.08.002 CA
Immediate removal of vehicles
obstructing traffic
Sec. 8.08.003 CA
Abandoned vehicles Sec. 8.08.031–8.08.036 CA
Junked vehicles Secs. 8.08.061–8.08.065 CA
92-15 5/19/92 Law enforcement emergency vehicles
Sec. I
Generally Sec. 9.02.001 CA
Operation of law enforcement emergency
vehicle without using warning devices
Sec. 12.01.006 CA
92-16 5/19/92 Alarm systems
Sec. II Disclaimer Sec. 4.02.001 CA
Sec. III Definitions Sec. 4.02.002 CA
Sec. IV Required; application; issuance Sec. 4.02.041 CA
Sec. V Duration; transfer Sec. 4.02.042 CA
Sec. VI Proper operation and
maintenance; duties of permittee
Sec. 4.02.005 CA
Sec. VII Manual reset Sec. 4.02.006 CA
Sec. VIII Use of relaying intermediary Sec. 4.02.007 CA
Sec. IX Alarm reporting Sec. 4.02.008 CA
Sec. X Records of alarm businesses Sec. 4.02.009 CA
Sec. XI Automatic dialing prohibited Sec. 4.02.010 CA
Sec. XII Operating instructions to be
maintained at alarm site
Sec. 4.02.011 CA
Sec. XIII Dispatch records Sec. 4.02.012 CA
Sec. XIV System performance reviews Sec. 4.02.013 CA
Sec. XV False alarm service fees Sec. 4.02.014 CA
Sec. XVI Grounds for revocation Sec. 4.02.043 CA
Sec. XVII Responsibility for acts by
agents
Sec. 4.02.015 CA
Sec. XVII Appeals Sec. 4.02.044 CA
Sec. XVIII Forfeiture of fee upon
revocation of permit
Sec. 4.02.045 CA
Sec. XIX Reapplication after revocation Sec. 4.02.046 CA
Sec. XIX Applicability to government
bodies
Sec. 4.02.004 CA
Sec. XXIII Offenses; penalty Sec. 4.02.003 CA
92-21 2/15/92 Alarm systems
Sec. II Disclaimer Sec. 4.02.001 CA
Sec. III Definitions Sec. 4.02.002 CA
Sec. IV Required; application; issuance Sec. 4.02.041 CA
Sec. V Duration; transfer Sec. 4.02.042 CA
Sec. VI Proper operation and
maintenance; duties of permittee
Sec. 4.02.005 CA
Town Council Page 1148 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-5
Ord. No. Date Description Disposition Supp.
No.
92-21,
cont’d.
Sec. VII Manual reset Sec. 4.02.006 CA
Sec. VIII Use of relaying intermediary Sec. 4.02.007 CA
Sec. IX Alarm reporting Sec. 4.02.008 CA
Sec. X Records of alarm businesses Sec. 4.02.009 CA
Sec. XI Automatic dialing prohibited Sec. 4.02.010 CA
Sec. XII Operating instructions to be
maintained at alarm site
Sec. 4.02.011 CA
Sec. XIII Dispatch records Sec. 4.02.012 CA
Sec. XIV System performance reviews Sec. 4.02.013 CA
Sec. XV False alarm service fees Sec. 4.02.014 CA
Sec. XVI Grounds for revocation Sec. 4.02.043 CA
Sec. XVII Responsibility for acts by
agents
Sec. 4.02.015 CA
Sec. XVII Appeals Sec. 4.02.044 CA
Sec. XVIII Forfeiture of fee upon
revocation of permit
Sec. 4.02.045 CA
Sec. XIX Reapplication after revocation Sec. 4.02.046 CA
Sec. XIX Applicability to government
bodies
Sec. 4.02.004 CA
Sec. XXIII Offenses; penalty Sec. 4.02.003 CA
92-22 2/15/92 Peddlers and solicitors
Sec. II Definitions Sec. 4.03.001 CA
Sec. III Commercial solicitation Secs. 4.03.031–4.03.039 CA
Sec. IV Charitable solicitation Secs. 4.03.071–4.03.077 CA
Sec. V Religious solicitation Secs. 4.03.101–4.03.104 CA
Sec. VI Child solicitors Sec. 4.03.040 CA
Sec. IX Penalty Sec. 4.03.002 CA
95-12 7/18/95 Swimming pools
Sec. II Definitions Sec. 3.07.001 CA
Sec. III
Applicability; prohibitions Sec. 3.07.003 CA
Exceptions Sec. 3.07.004 CA
Sec. IV
Permit application; fees Secs. 3.07.031, 3.07.032 CA
Standards Secs. 3.07.061–3.07.070 CA
Sec. V Appeals Sec. 3.07.007 CA
Sec. VIII Penalty Sec. 3.07.002 CA
95-22 11/21/95 Roofing requirements
Sec. II Definitions Sec. 3.06.001 CA
Sec. IV Wood shingles and wood shakes
prohibited
Sec. 3.06.006 CA
Sec. V Roof repair permit Sec. 3.06.003 CA
Sec. VI Compliance with Uniform
Building Code
Sec. 3.06.007 CA
Sec. VIII Penalty Sec. 3.06.002 CA
87-05A 5/7/96 Weeds, refuse or other objectionable
matter
Sec. I
Prohibited conditions on private property Sec. 8.09.001 CA
Prohibited conditions in area between
property line and street
Sec. 8.09.002 CA
Town Council Page 1149 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-6
Ord. No. Date Description Disposition Supp.
No.
1997-05 3/18/97 Flood damage prevention
Art. I
Findings of fact Sec. 3.13.001 CA
Statement of purpose Sec. 3.13.002 CA
Methods of reducing flood losses Sec. 3.13.003 CA
Art. II Definitions Sec. 3.13.004 CA
Art. III General provisions Sec. 3.13.005 CA
Art. IV Administration Sec. 3.13.006 CA
Art. V Flood hazard reduction standards Sec. 3.13.007 CA
97-08 3/18/97 Weeds, refuse or other objectionable
matter
Sec. I
Prohibited conditions on private property Sec. 8.09.001 CA
Prohibited conditions in area between
property line and street
Sec. 8.09.002 CA
Notice of violation; performance of work
by town
Sec. 8.09.005 CA
Assessment of town’s expenses;
abatement of weeds without prior notice
Secs. 8.09.006, 8.09.007 CA
97-13 5/13/97 Dangerous buildings
Sec. 1 Definitions Sec. 3.05.001 CA
Sec. 2 Powers of town council Sec. 3.05.004 CA
Sec. 3 Hearing procedures Sec. 3.05.005 CA
Sec. 4 Order of town council Sec. 3.05.006 CA
Sec. 5 Failure to comply with order Sec. 3.05.007 CA
Sec. 6 Minimum standards;
responsibilities of owner
Sec. 3.05.008 CA
Sec. 7 Lien for town’s expenses and civil
penalty; civil action to recover expenses
Sec. 3.05.009 CA
Sec. 8 Uniform Code for the Abatement
of Dangerous Buildings adopted
Sec. 3.05.003 CA
Sec. 10 Penalty Sec. 3.05.002 CA
1998-07 4/7/98 Sexually oriented businesses
Sec. I Purpose and intent Sec. 4.04.001 CA
Sec. II Definitions Sec. 4.04.002 CA
Sec. III Classifications Sec. 4.04.003 CA
Sec. IV License required; application Sec. 4.04.031 CA
Sec. V License issuance Sec. 4.04.032 CA
Sec. VI License fee Sec. 4.04.033 CA
Sec. VII Inspections Sec. 4.04.034 CA
Sec. VIII Expiration Sec. 4.04.035 CA
Sec. IX Suspension Sec. 4.04.036 CA
Sec. X Revocation Sec. 4.04.037 CA
Sec. XI Appeals Sec. 4.04.038 CA
Sec. XII Transfer Sec. 4.04.039 CA
Sec. XIII Location restrictions Sec. 4.04.061 CA
Sec. XIV Exemption from location
restrictions
Sec. 4.04.062 CA
Sec. XV Additional regulations for nude
escort agencies
Sec. 4.04.091 CA
Town Council Page 1150 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-7
Ord. No. Date Description Disposition Supp.
No.
1998-07,
cont’d.
Sec. XVI Additional regulations for nude
model studios
Sec. 4.04.092 CA
Sec. XVII Additional regulations for
adult theatres and adult motion picture
theatres
Sec. 4.04.093 CA
Sec. XVIII Additional regulations for
adult models
Sec. 4.04.094 CA
Sec. XIX Exhibition of sexually explicit
films or videos
Sec. 4.04.095 CA
Sec. XX Display of sexually explicit
material to minors
Sec. 4.04.096 CA
Sec. XXI Enforcement; penalties;
defenses
Sec. 4.04.004 CA
Sec. XXII Injunctive relief Sec. 4.04.005 CA
Sec. XXII Amendments Sec. 4.04.006 CA
98-08 4/21/98 Subdivision
Generally
Sec. 1.1 Title Sec. 10.02.001 CA
Sec. 1.2 Authority Sec. 10.02.002 CA
Sec. 1.3 Purpose Sec. 10.02.003 CA
Sec. 1.4 Conditions Sec. 10.02.004 CA
Sec. 1.5 Jurisdiction Sec. 10.02.005 CA
Sec. 1.6 Consistency with plans and
ordinances
Sec. 10.02.006 CA
Sec. 1.7 Special provisions Sec. 10.02.007 CA
Sec. 1.8 Interpretation; conflict Sec. 10.02.008 CA
Sec. 1.9 Amendments Sec. 10.02.009 CA
Definitions
Sec. 2.1 Generally Sec. 10.02.031 CA
Sec. 2.2 Definitions Sec. 10.02.032 CA
General plat submittal requirements
Sec. 3.1 Requirements to plat Sec. 10.02.061 CA
Sec. 3.2 Preliminary conference Sec. 10.02.062 CA
Sec. 3.3 Plat submittal Sec. 10.02.063 CA
Sec. 3.4 Approval procedure–Overview Sec. 10.02.064 CA
Sec. 3.5 Criteria for plat approval Sec. 10.02.065 CA
Sec. 3.6 Staff review of plat application Sec. 10.02.066 CA
Sec. 3.7 Preliminary plats Sec. 10.02.067 CA
Sec. 3.8 Final plats Sec. 10.02.068 CA
Sec. 3.9 Vacation instrument, replatting
and amended plats
Sec. 10.02.069 CA
Sec. 3.10 Short form plats Sec. 10.02.070 CA
Sec. 3.11 Dedication Sec. 10.02.071 CA
Sec. 3.12 Provision of utility service Sec. 10.02.072 CA
Sec. 3.13 Undergrounding of utilities Sec. 10.02.073 CA
Improvements generally
Sec. 4.1 Responsibility for construction Sec. 10.02.101 CA
Sec. 4.2 Prior approval of engineering
designs
Sec. 10.02.102 CA
Sec. 4.3 Inspections Sec. 10.02.103 CA
Sec. 4.4 As-built plans Sec. 10.02.104 CA
Town Council Page 1151 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-8
Ord. No. Date Description Disposition Supp.
No.
98-08,
cont’d.
Sec. 4.4 Engineer’s certificate Sec. 10.02.105 CA
Specifications for improvements
Sec. 5.1 Generally Sec. 10.02.131 CA
Sec. 5.2 Blocks Sec. 10.02.132 CA
Sec. 5.3 Lots Sec. 10.02.133 CA
Sec. 5.4 Streets Sec. 10.02.134 CA
Sec. 5.5 Sidewalks and extra-width paths Sec. 10.02.135 CA
Sec. 5.6 Storm drainage Sec. 10.02.136 CA
Sec. 5.7 Water, sewer and fire Sec. 10.02.137 CA
Sec. 5.8 Utility easements Sec. 10.02.138 CA
Sec. 5.9 Monuments Sec. 10.02.139 CA
Sec. 5.10 Natural tree and ground cover Sec. 10.02.140 CA
Enforcement
Sec. 6.1 Generally Sec. 10.02.171 CA
Sec. 6.2 Penalty for violators of
regulations
Sec. 10.02.172 CA
Sec. 6.3 Town attorney’s authority Sec. 10.02.173 CA
Sec. 6.4 Waivers to subdivision
regulations
Sec. 10.02.174 CA
Developer’s Agreement, Financial
Assurance and Construction Contracts
for Public Improvements
Sec. 7.1 Procedures Sec. 10.02.201 CA
Sec. 7.1 Performance bonds, payment
bonds, maintenance bonds and financial
assurances
Sec. 10.02.202 CA
Sec. 7.3 Inspections and approval of
public improvements
Sec. 10.02.203 CA
Sec. 7.4 Deferral or waiver of required
improvements
Sec. 10.02.204 CA
Sec. 7.5 General construction
requirements
Sec. 10.02.205 CA
Sec. 7.6 Approval of work Sec. 10.02.206 CA
Sec. 7.7 Ownership and maintenance of
completed public facilities
Sec. 10.02.207 CA
Sec. 7.8 Refund to developer from future
connection to sanitary sewer system
Sec. 10.02.208 CA
98-28 10/20/98 Amends penalty provisions for various
ordinances
Sec. 1 Findings incorporated NIC CA
Sec. 2 Amends heading of Ordinance 98-
07
NIC CA
Sec. 3 Amends Ord. 96-03 NIC CA
Sec. 4 Amends Ord. 95-12; swimming
pools
Sec. 3.07.002 CA
Sec. 5 Amends heading of Ord. 95-04 NIC CA
Sec. 6 Amends Ord. 92-03; emergency
medical services
Sec. 6.02.002 CA
Town Council Page 1152 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-9
Ord. No. Date Description Disposition Supp.
No.
98-28,
cont’d.
Sec. 7
Amends Ord. 87-07; emergency
management
Sec. 1.06.009 CA
Amends Ord. 87-06 NIC CA
Amends Ord. 87-05; weeds, refuse or
other objectionable matter
Sec. 8.09.009 CA
Amends Ord. 86-28 NIC CA
Amends Ord. 86-07; single-family
residence licensing
Sec. 3.11.002 CA
Amends Ord. 86-06; apartment complex
licensing
Sec. 3.10.002 CA
Amends Ord. 86-02; fireworks Sec. 5.03.002 CA
Amends Ord. 85-26; weapons (penalty
provision deleted from code by Ord.
2011-21)
NIC CA
Amends Ord. 85-19; septic tanks,
cesspools and privies
Sec. 13.01.001 CA
Sec. 8
Amends Ord. 85-23; display of signs for
purpose of selling vehicles
Sec. 8.01.001 CA
Amends Ord. 85-15 NIC CA
98-29 12/1/98 Zoning ordinance
Sec. I Short title Sec. 14.02.001 CA
Sec. II Purpose Sec. 14.02.002 CA
Sec. III Official zoning map Sec. 14.02.003 CA
Sec. IV Rules for interpretation of district
boundaries
Sec. 14.02.004 CA
Sec. V General provisions Sec. 14.02.005 CA
Sec. VI Newly annexed territory Sec. 14.02.006 CA
Sec. VII Zoning designation of vacated
streets and alleys
Sec. 14.02.007 CA
Sec. VIII Water areas Sec. 14.02.008 CA
Sec. IX Catchlines Sec. 14.02.051 CA
Sec. X General definitions Sec. 14.02.052 CA
Sec. XI District classifications Sec. 14.02.101 CA
Sec. XII Classification of new and
unlisted properties
Sec. 14.02.102 CA
Sec. XIII Use table Sec. 14.02.103 CA
Sec. XIV R-15 Single-family district
regulations
Sec. 14.02.151 CA
Sec. XV R-12 Single-family district
regulations
Sec. 14.02.152 CA
Sec. XVI R-11 Single-family district
regulations
Sec. 14.02.153 CA
Sec. XVII R-10 single-family district
regulations
Sec. 14.02.154 CA
Sec. XVIII R-9 single-family district
regulations
Sec. 14.02.155 CA
Sec. XIX R-8 single-family district
regulations
Sec. 14.02.156 CA
Town Council Page 1153 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-10
Ord. No. Date Description Disposition Supp.
No.
98-29,
cont’d.
Sec. XX R-FV single-family district
regulations
Sec. 14.02.157 CA
Sec. XXI R-TT Twenty in Trophy single-
family district regulations
Sec. 14.02.158 CA
Sec. XXII R-OH Oak Hill single-family
district regulations
Sec. 14.02.159 CA
Sec. XXIII R-OHP Oak Hill patio single-
family district regulations
Sec. 14.02.160 CA
Sec. XXIV R-S Summit single-family
district regulations
Sec. 14.02.161 CA
Sec. XXV MH HUD-Code manufactured
home and industrialized housing district
regulations
Sec. 14.02.162 CA
Sec. XXVI PD Planned development
district regulations
Sec. 14.02.163 CA
Sec. XXVII NS Neighborhood service
district regulations
Sec. 14.02.164 CA
Sec. XXVIII CG Commercial general
district regulations
Sec. 14.02.165 CA
Sec. XXIX CR Commercial recreation
district regulations
Sec. 14.02.166 CA
Sec. XXX PO Professional office district
regulations
Sec. 14.02.167 CA
Sec. XXXI GU Government use district
regulations
Sec. 14.02.168 CA
Sec. XXXII H Historic landmark district
regulations
Sec. 14.02.169 CA
Sec. XXXIII Temporary uses Sec. 14.02.251 CA
Sec. XXXVI Height limits Sec. 14.02.254 CA
Sec. XXXVII Required yards Sec. 14.02.255 CA
Sec. XXXVIII Projections into required
yards
Sec. 14.02.256 CA
Sec. XXXIX Right-of-way and easement
dedication requirements
Sec. 14.02.257 CA
Sec. XL Nonconforming uses and
structures
Sec. 14.02.258 CA
Sec. XLI Site plan requirements Sec. 14.02.259 CA
Sec. XLIII Home occupations Sec. 14.02.261 CA
Sec. XLIV Conditional use permits Sec. 14.02.301 CA
Sec. XLVIII Off-street parking
regulations
Sec. 14.02.353 CA
Sec. XLIX Off-street loading regulations Sec. 14.02.354 CA
Sec. L Parking and loading area
development standards for on-
residential uses
Sec. 14.02.355 CA
Sec. LI Administration and enforcement Sec. 14.02.401 CA
Sec. LII Certificates of occupancy and
compliance
Sec. 14.02.402 CA
Sec. LIII Amendments Sec. 14.02.403 CA
Sec. LIV Planning and zoning
commission
Sec. 14.02.404 CA
Town Council Page 1154 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-11
Ord. No. Date Description Disposition Supp.
No.
98-29,
cont’d.
Sec. LV Zoning board of adjustment Sec. 14.02.405 CA
Sec. LVI Public hearings Sec. 14.02.406 CA
Sec. LVII Exceptions and exemptions not
required to be negated
Sec. 14.02.407 CA
App. A First floor designation and
measurement of height of structure
Sec. 14.02.451 CA
Height measurement for primary structure
and accessory building
Sec. 14.02.452 CA
Determining setback distance along
curved property lines
Sec. 14.02.453 CA
Method of measuring front yard Sec. 14.02.454 CA
Front yard where zoning changes in a
block
Sec. 14.02.455 CA
Lot width Sec. 14.02.456 CA
Lot depth Sec. 14.02.457 CA
Yard Sec. 14.02.458 CA
Obstruction zones Sec. 14.02.459 CA
Sight distance zone (plan view) Sec. 14.02.460 CA
1999-02 1/19/99 Mobile homes, manufactured homes,
trailers
Sec. I Definitions Sec. 3.08.001 CA
Sec. II Mobile homes restricted Sec. 3.08.031 CA
Sec. III Replacement of mobile homes Sec. 3.08.032 CA
Sec. IV Permit required for installation,
maintenance or alteration
Sec. 3.08.033 CA
Sec. V Application for permit Sec. 3.08.034 CA
Sec. VI Boats or trailers tied into utility
service; construction trailers
Sec. 3.08.071 CA
Sec. VII Screening or enclosure of
commercial vehicles, boats and trailers
Sec. 3.08.072 CA
Sec. VIII Recreational vehicles Sec. 3.08.073 CA
Sec. IX Presumption that registered
owner is responsible for violation
Sec. 3.08.074 CA
Sec. XII Penalty Sec. 3.08.002 CA
1999-13 6/16/99 Graffiti penalty (sec. XIX) Sec. 8.03.002 CA
1999-19 7/20/99 Noise
Sec. I Declaration of nuisance Sec. 8.02.003 CA
Sec. II Exception for lawn equipment and
agricultural equipment
Sec. 8.02.004 CA
Sec. III Permit Sec. 8.02.005 CA
Sec. IV Injunctive relief Sec. 8.02.002 CA
Sec. V Penalty Sec. 8.02.001 CA
1999-27 10/5/99 Repeals Ord. 1999-06; municipal court
Creation; jurisdiction Sec. 7.02.001 CA
Statutory authority Sec. 7.02.002 CA
Commencement Sec. 7.02.003 CA
Clerk and other personnel Sec. 7.02.004 CA
Failure to appear or violation of promise
to appear
Sec. 7.02.005 CA
Judge Secs. 7.02.031–7.02.036 CA
Town Council Page 1155 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-12
Ord. No. Date Description Disposition Supp.
No.
1999-27,
cont’d.
Driving safety course fee Sec. 7.03.001 CA
Warrant or capias fee Sec. 7.03.002 CA
Transcript preparation fee Sec. 7.03.003 CA
1999-32 12/21/99 Animal control
Sec. 1 Definitions Sec. 2.01.001 CA
Sec. 2 Enforcement Sec. 2.01.003 CA
Sec. 4 Impoundment Sec. 2.02.001 CA
Sec. 5 Authority to impound, kill or
muzzle certain animals
Sec. 2.01.013 CA
Sec. 6 Dangerous dogs Sec. 2.01.014 CA
Sec. 7 Fees Sec. 2.01.004 CA
Sec. 8 Release of unvaccinated animals Sec. 2.02.002 CA
Sec. 9 Adoption of impounded animals Sec. 2.02.003 CA
Sec. 10 Confinement of animal involved
in attack
Sec. 2.01.016 CA
Sec. 13 Rabies control; vaccination of
dogs and cats
Sec. 2.01.018 CA
Sec. 14 Licenses and tags Sec. 2.01.019 CA
Sec. 14 Vicious animals Sec. 2.01.017 CA
Sec. 15 Special requirements for keeping
miniature pigs and ferrets
Sec. 2.01.020 CA
Sec. 16 Defecation of animals on public
and private property
Sec. 2.01.010 CA
Sec. 17 Sanitary conditions Sec. 2.01.009 CA
Sec. 18 Animal noise Sec. 2.01.012 CA
Sec. 19 Exceptions Sec. 2.01.005 CA
2000-06 3/21/00 Zoning ordinance
Sec. I Short title Sec. 14.02.001 CA
Sec. II Purpose Sec. 14.02.002 CA
Sec. III Official zoning map Sec. 14.02.003 CA
Sec. IV Rules for interpretation of district
boundaries
Sec. 14.02.004 CA
Sec. V
General provisions Sec. 14.02.005 CA
Penalty Sec. 14.02.408 CA
Sec. VI Newly annexed territory Sec. 14.02.006 CA
Sec. VII Zoning designation of vacated
streets and alleys
Sec. 14.02.007 CA
Sec. VIII Water areas Sec. 14.02.008 CA
Sec. IX Catchlines Sec. 14.02.051 CA
Sec. IX General definitions Sec. 14.02.052 CA
Sec. XI District classifications Sec. 14.02.101 CA
Sec. XII Classification of new and
unlisted properties
Sec. 14.02.102 CA
Sec. XIII Use table Sec. 14.02.103 CA
Sec. XIV R-15 Single-family district
regulations
Sec. 14.02.151 CA
Sec. XV R-12 Single-family district
regulations
Sec. 14.02.152 CA
Sec. XVI R-11 Single-family district
regulations
Sec. 14.02.153 CA
Town Council Page 1156 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-13
Ord. No. Date Description Disposition Supp.
No.
2000-06,
cont’d.
Sec. XVII R-10 single-family district
regulations
Sec. 14.02.154 CA
Sec. XVIII R-9 single-family district
regulations
Sec. 14.02.155 CA
Sec. XIX R-8 single-family district
regulations
Sec. 14.02.156 CA
Sec. XX R-FV single-family district
regulations
Sec. 14.02.157 CA
Sec. XXI R-TT Twenty in Trophy single-
family district regulations
Sec. 14.02.158 CA
Sec. XXII R-OH Oak Hill single-family
district regulations
Sec. 14.02.159 CA
Sec. XXIII R-OHP Oak Hill patio single-
family district regulations
Sec. 14.02.160 CA
Sec. XXIV R-S Summit single-family
district regulations
Sec. 14.02.161 CA
Sec. XXV MH HUD-Code manufactured
home and industrialized housing district
regulations
Sec. 14.02.162 CA
Sec. XXVI PD Planned development
district regulations
Sec. 14.02.163 CA
Sec. XXVII NS Neighborhood service
district regulations
Sec. 14.02.164 CA
Sec. XXVIII CG Commercial general
district regulations
Sec. 14.02.165 CA
Sec. XXIX CR Commercial recreation
district regulations
Sec. 14.02.166 CA
Sec. XXX PO Professional office district
regulations
Sec. 14.02.167 CA
Sec. XXXI GU Government use district
regulations
Sec. 14.02.168 CA
Sec. XXXII H Historic landmark district
regulations
Sec. 14.02.169 CA
Sec. XXXIII Temporary uses Sec. 14.02.251 CA
Sec. XXXIV Sale of alcoholic beverages Sec. 14.02.252 CA
Sec. XXXVI Height limits Sec. 14.02.254 CA
Sec. XXXVII Required yards Sec. 14.02.255 CA
Sec. XXXVIII Projections into required
yards
Sec. 14.02.256 CA
Sec. XXXIX Right-of-way and easement
dedication requirements
Sec. 14.02.257 CA
Sec. XL Nonconforming uses and
structures
Sec. 14.02.258 CA
Sec. XLI Site plan requirements Sec. 14.02.259 CA
Sec. XLII Wireless antennas and antenna
facilities
Sec. 14.02.260 CA
Sec. XLIII Home occupations Sec. 14.02.261 CA
Sec. XLIV Conditional use permits Sec. 14.02.301 CA
Sec. XLIV Specific use permit Sec. 14.02.302 CA
Town Council Page 1157 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-14
Ord. No. Date Description Disposition Supp.
No.
2000-06,
cont’d.
Sec. XLV Fencing, retaining walls and
screening
Sec. 14.02.351 CA
Sec. XLVII Landscaping regulations Sec. 14.02.352 CA
Sec. XLVIII Off-street parking
regulations
Sec. 14.02.353 CA
Sec. XLIX Off-street loading regulations Sec. 14.02.354 CA
Sec. L Parking and loading area
development standards for
nonresidential uses
Sec. 14.02.355 CA
Sec. LI Administration and enforcement Sec. 14.02.401 CA
Sec. LII Certificates of occupancy and
compliance
Sec. 14.02.402 CA
Sec. LIII Amendments Sec. 14.02.403 CA
Sec. LIV Planning and zoning
commission
Sec. 14.02.404 CA
Sec. LV Zoning board of adjustment Sec. 14.02.405 CA
Sec. LVI Public hearings Sec. 14.02.406 CA
Sec. LVII Exceptions and exemptions not
required to be negated
Sec. 14.02.407 CA
Appendix A Illustrations
First floor designation and measurement
of height of structure
Sec. 14.02.451 CA
Height measurement for primary structure
and accessory building
Sec. 14.02.452 CA
Determining setback distance along
curved property lines
Sec. 14.02.453 CA
Method of measuring front yard Sec. 14.02.454 CA
Front yard where zoning changes in a
block
Sec. 14.02.455 CA
Lot width Sec. 14.02.456 CA
Lot depth Sec. 14.02.457 CA
Yard Sec. 14.02.458 CA
Obstruction zones Sec. 14.02.459 CA
Sight distance zone (plan view) Sec. 14.02.460 CA
2001-08 4/16/01 Amends zoning ordinance
Sec. II Wireless antennas and antenna
facilities
Sec. 14.02.260 CA
Sec. III Conditional use permits Sec. 14.02.301 CA
2001-13 6/4/01 Management of public right-of-way used
by
utility providers
Sec. I Definitions Sec. 13.04.001 CA
Sec. II Provider registration; permit for
placement of facilities
Sec. 13.04.003 CA
Sec. III Use of right-of-way Sec. 13.04.004 CA
Sec. IV Construction, maintenance and
repair of facilities
Sec. 13.04.005 CA
Sec. V Tree trimming; landscaping and
erosion control
Sec. 13.04.006 CA
Sec. VI Attachments to space in ducts Sec. 13.04.007 CA
Town Council Page 1158 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-15
Ord. No. Date Description Disposition Supp.
No.
2001-13,
cont’d.
Sec. VII Temporary removal of aerial
wires
Sec. 13.04.008 CA
Sec. VIII Restoration of site Sec. 13.04.009 CA
Sec. IX Warning devices; emergency
contact
Sec. 13.04.010 CA
Sec. X Responsibilities of provider Sec. 13.04.011 CA
Sec. XI Insurance Sec. 13.04.012 CA
Sec. XIII Governing law Sec. 13.04.013 CA
Sec. XIV Indemnification of town Sec. 13.04.014 CA
Sec. XV Surety bond Sec. 13.04.015 CA
Sec. XVI Director’s authority;
enforcement; offenses
Sec. 13.04.016 CA
Sec. XVII Venue Sec. 13.04.017 CA
Sec. XVIII Service of notices to town Sec. 13.04.018 CA
Sec. XII Penalty Sec. 13.04.002 CA
2001-18 8/20/01 Roofing requirements
Sec. II Definitions Sec. 3.06.001 CA
Sec. III Architectural or laminated
shingles required
Sec. 3.06.005 CA
Sec. IV Wood shingles and wood shakes
prohibited
Sec. 3.06.006 CA
Sec. V Roof repair permit Sec. 3.06.003 CA
Sec. VI Compliance with Uniform
Building Code
Sec. 3.06.007 CA
Sec. VII Appeals Sec. 3.06.004 CA
Sec. XI Penalty Sec. 3.06.002 CA
2001-21 9/17/01 Subdivision ordinance
Generally
Sec. 1.1 Title Sec. 10.02.001 CA
Sec. 1.2 Authority Sec. 10.02.002 CA
Sec. 1.3 Purpose Sec. 10.02.003 CA
Sec. 1.4 Conditions Sec. 10.02.004 CA
Sec. 1.5 Jurisdiction Sec. 10.02.005 CA
Sec. 1.6 Consistency with plans and
ordinances
Sec. 10.02.006 CA
Sec. 1.7 Special provisions Sec. 10.02.007 CA
Sec. 1.8 Interpretation; conflict Sec. 10.02.008 CA
Sec. 1.9 Amendments Sec. 10.02.009 CA
Definitions
Sec. 2.1 Generally Sec. 10.02.031 CA
Sec. 2.2 Definitions Sec. 10.02.032 CA
General plat submittal requirements
Sec. 3.1 Requirements to plat Sec. 10.02.061 CA
Sec. 3.2 Preliminary conference Sec. 10.02.062 CA
Sec. 3.3 Plat submittal Sec. 10.02.063 CA
Sec. 3.4 Approval procedure–Overview Sec. 10.02.064 CA
Sec. 3.5 Criteria for plat approval Sec. 10.02.065 CA
Sec. 3.6 Staff review of plat application Sec. 10.02.066 CA
Sec. 3.7 Preliminary plats Sec. 10.02.067 CA
Sec. 3.8 Final plats Sec. 10.02.068 CA
Town Council Page 1159 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-16
Ord. No. Date Description Disposition Supp.
No.
2001-21,
cont’d.
Sec. 3.9 Vacation instrument, replatting
and amended plats
Sec. 10.02.069 CA
Sec. 3.10 Short form plats Sec. 10.02.070 CA
Sec. 3.11 Dedication Sec. 10.02.071 CA
Sec. 3.12 Provision of utility service Sec. 10.02.072 CA
Sec. 3.13 Undergrounding of utilities Sec. 10.02.073 CA
Improvements generally
Sec. 4.1 Responsibility for construction Sec. 10.02.101 CA
Sec. 4.2 Prior approval of engineering
designs
Sec. 10.02.102 CA
Sec. 4.3 Inspections Sec. 10.02.103 CA
Sec. 4.4 As-built plans Sec. 10.02.104 CA
Sec. 4.4 Engineer’s certificate Sec. 10.02.105 CA
Specifications for improvements
Sec. 5.1 Generally Sec. 10.02.131 CA
Sec. 5.2 Blocks Sec. 10.02.132 CA
Sec. 5.3 Lots Sec. 10.02.133 CA
Sec. 5.4 Streets Sec. 10.02.134 CA
Sec. 5.5 Sidewalks and extra-width paths Sec. 10.02.135 CA
Sec. 5.6 Storm drainage Sec. 10.02.136 CA
Sec. 5.7 Water, sewer and fire Sec. 10.02.137 CA
Sec. 5.8 Utility easements Sec. 10.02.138 CA
Sec. 5.9 Monuments Sec. 10.02.139 CA
Sec. 5.10 Natural tree and ground cover Sec. 10.02.140 CA
Enforcement
Sec. 6.1 Generally Sec. 10.02.171 CA
Sec. 6.2 Penalty for violators of
regulations
Sec. 10.02.172 CA
Sec. 6.3 Town attorney’s authority Sec. 10.02.173 CA
Sec. 6.4 Waivers to subdivision
regulations
Sec. 10.02.174 CA
Developer’s agreement, financial
assurance and construction contracts for
public improvements
Sec. 7.1 Procedures Sec. 10.02.201 CA
Sec. 7.1 Performance bonds, payment
bonds, maintenance bonds and financial
assurances
Sec. 10.02.202 CA
Sec. 7.3 Inspections and approval of
public improvements
Sec. 10.02.203 CA
Sec. 7.4 Deferral or waiver of required
improvements
Sec. 10.02.204 CA
Sec. 7.5 General construction
requirements
Sec. 10.02.205 CA
Sec. 7.6 Approval of work Sec. 10.02.206 CA
Sec. 7.7 Ownership and maintenance of
completed public facilities
Sec. 10.02.207 CA
Sec. 7.8 Refund to developer from future
connection to sanitary sewer system
Sec. 10.02.208 CA
2001-22 9/17/01 Repeals Ord. 1999-27; municipal court
Sec. II Creation; jurisdiction Sec. 7.02.001 CA
Town Council Page 1160 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-17
Ord. No. Date Description Disposition Supp.
No.
2001-22,
cont’d.
Sec. III Statutory authority Sec. 7.02.002 CA
Sec. IV Commencement Sec. 7.02.003 CA
Sec. V Judge Secs. 7.02.031–7.02.036 CA
Sec. VI Clerk and other personnel Sec. 7.02.004 CA
Sec. VII Failure to appear or violation of
promise to appear
Sec. 7.02.005 CA
Sec. VIII Driving safety course fee Sec. 7.03.001 CA
Sec. IX Warrant or capias fee Sec. 7.03.002 CA
Sec. X Transcript preparation fee Sec. 7.03.003 CA
2001-27 11/19/01 Council meetings and rules of procedures Secs. 1.03.031–1.03.039 CA
2001-29 12/17/01 Amends zoning ordinance; sec. IV
Landscaping regulations
Sec. 14.02.352 CA
2002-12 3/4/02 Solid waste
Sec. II Definitions Sec. 13.02.001 CA
Sec. III Duties of residential customers Sec. 13.02.002 CA
Sec. IV Residential collection of brush Sec. 13.02.003 CA
Sec. V Residential collection schedule;
charges for services; late fee
Sec. 13.02.004 CA
Sec. VI Disposal of residential hazardous
waste materials
Sec. 13.02.005 CA
Sec. VII Removal of debris from
construction, cleanup of property, etc.
Sec. 13.02.006 CA
Sec. VIII Duties of nonresidential
customers
Sec. 13.02.007 CA
Sec. IX Collection from nonresidential
customers; containers for multifamily
residential complexes
Sec. 13.02.008 CA
Sec. X Prohibited acts and conditions Sec. 13.02.009 CA
2002-18 5/6/02 Animal control
Sec. 2 Definitions Sec. 2.01.001 CA
Sec. 3 Enforcement Sec. 2.01.003 CA
Sec. 4 Maximum number of animals Sec. 2.01.007 CA
Sec. 4 Animals at large Sec. 2.01.011 CA
Sec. 5 Impoundment Sec. 2.02.001 CA
Sec. 6 Authority to impound, kill or
muzzle certain animals
Sec. 2.01.013 CA
Sec. 7 Dangerous dogs Sec. 2.01.014 CA
Sec. 8 Fees Sec. 2.01.004 CA
Sec. 9 Release of unvaccinated animals Sec. 2.02.002 CA
Sec. 10 Adoption of impounded animals Sec. 2.02.003 CA
Sec. 12 Confinement of animal involved
in attack
Sec. 2.01.016 CA
Sec. 14 Rabies control; vaccination of
dogs and cats
Sec. 2.01.018 CA
Sec. 15 Vicious animals Sec. 2.01.017 CA
Sec. 15 Licenses and tags Sec. 2.01.019 CA
Sec. 16 Special requirements for keeping
miniature pigs and ferrets
Sec. 2.01.020 CA
Sec. 17 Defecation of animals on public
and private property
Sec. 2.01.010 CA
Town Council Page 1161 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-18
Ord. No. Date Description Disposition Supp.
No.
2002-18,
cont’d.
Sec. 18 Sanitary conditions Sec. 2.01.009 CA
Sec. 19 Animal noise Sec. 2.01.012 CA
Sec. 20 Exceptions Sec. 2.01.005 CA
Sec. 22 Dangerous wild animal certificate
of registration; required
Sec. 2.03.041 CA
Sec. 23 Dangerous wild animal certificate
of registration; application
Sec. 2.03.042 CA
Sec. 24 Dangerous wild animal certificate
of registration; denial or revocation
Sec. 2.03.043 CA
Sec. 25 Dangerous wild animal certificate
of registration; display
Sec. 2.03.045 CA
Sec. 26 Dangerous wild animal certificate
of registration; effective date
Sec. 2.03.044 CA
Sec. 27 Dangerous wild animals; liability
insurance
Sec. 2.03.005 CA
Sec. 28 Inspection of premises Sec. 2.03.001 CA
Sec. 29 Dangerous wild animals;
relocation or disposition of animal
Sec. 2.03.002 CA
Sec. 30 Dangerous wild animals; attack
by animal; escape of animal
Sec. 2.03.003 CA
Sec. 31 Dangerous wild animals; care and
treatment; transportation
Sec. 2.03.004 CA
Sec. 32 Dangerous wild animals; transfer
of ownership
Sec. 2.03.006 CA
Sec. 33 Dangerous wild animals; offenses Sec. 2.03.007 CA
Sec. 34 Dangerous wild animals; civil
penalty
Sec. 2.03.008 CA
Sec. 35 Dangerous wild animal certificate
of registration; exemptions
Sec. 2.03.046 CA
Sec. 36 Penalty; injunctive relief Sec. 2.01.002 CA
2002-24 6/3/02 Food establishments
Secs. II, III Definitions Sec. 4.06.002 CA
Sec. IV Permit required; transfer;
exemptions
Sec. 4.06.041 CA
Sec. V Permit issuance; fee; duration;
offenses
Sec. 4.06.042 CA
Sec. VII Suspension Sec. 4.06.043 CA
Sec. VIII Revocation; repeals Sec. 4.06.044 CA
Sec. X Inspections Sec. 4.06.005 CA
2002-28 8/19/02 Amends zoning ordinance
Sec. III
General definitions Sec. 14.02.052 CA
Use table Sec. 14.02.103 CA
2002-32 8/19/02 International Energy Conservation Code
Sec. II Adoption and amendments Secs. 3.03.301, 3.03.302 CA
Sec. VII Penalty Dltd. by Ord. 2012-31 CA
2002-36 10/7/02 Mobile homes, manufactured homes,
trailers
Sec. I Definitions Sec. 3.08.001 CA
Sec. II Mobile homes restricted Sec. 3.08.031 CA
Town Council Page 1162 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-19
Ord. No. Date Description Disposition Supp.
No.
2002-36,
cont’d.
Sec. III Replacement of mobile homes Sec. 3.08.032 CA
Sec. IV Permit required for installation,
maintenance or alteration
Sec. 3.08.033 CA
Sec. V Application for permit Sec. 3.08.034 CA
Sec. VI Boats or trailers tied into utility
service; construction trailers
Sec. 3.08.071 CA
Sec. VII Screening or enclosure of
commercial vehicles, boats and trailers
Sec. 3.08.072 CA
Sec. VIII Recreational vehicles Sec. 3.08.073 CA
Sec. IX Presumption that registered
owner is responsible for violation
Sec. 3.08.074 CA
Sec. X Penalty Sec. 3.08.002 CA
2002-38 1/18/02 Graffiti penalty (sec. XIX) Sec. 8.03.002 CA
2002-40 12/2/02 Tree preservation and removal
Sec. II
Definitions Sec. 10.02.241 CA
Parks and recreation board to serve as tree
board
Sec. 10.02.242 CA
Tree preservation Sec. 10.02.243 CA
Information assistance Sec. 10.02.244 CA
Protected trees Sec. 10.02.245 CA
Specimen trees Sec. 10.02.246 CA
Majestic or historic trees Sec. 10.02.247 CA
Tree removal and replacement Sec. 10.02.248 CA
Tree protection measures Sec. 10.02.249 CA
Tree permits Sec. 10.02.250 CA
Land-disturbing activities Sec. 10.02.251 CA
2002-45 12/16/02 Marshal Creek Park
Sec. 2 Definitions Sec. 1.08.091 CA
Sec. 3 Hours; signage Sec. 1.08.092 CA
Sec. 4 General prohibitions Sec. 1.08.093 CA
Sec. 5 Exemptions Sec. 1.08.094 CA
Sec. 6 Adoption of additional regulations Sec. 1.08.095 CA
Sec. 7 Operation of vehicles; generally Sec. 1.08.096 CA
Sec. 8 All-terrain vehicles, motorcycles,
mopeds and motor-driven cycles
Sec. 1.08.097 CA
Sec. 9 Usage fees Sec. 1.08.098 CA
Sec. 10 Special event permit Sec. 1.08.121 CA
Sec. 11 Special event permit–denial;
conditions or restrictions
Sec. 1.08.122 CA
Sec. 12 Special event permit–appeals Sec. 1.08.123 CA
2003-04 3/3/03 Amends subdivision ordinance;
performance bonds, payment bonds,
maintenance bonds and financial
assurances; third party assurance
Sec. 10.02.202 CA
2003-06 4/7/03 Marshal Creek Park
Sec. 2 Definitions Sec. 1.08.091 CA
Sec. 3 Hours; signage Sec. 1.08.092 CA
Sec. 4 General prohibitions Sec. 1.08.093 CA
Sec. 5 Exemptions Sec. 1.08.094 CA
Town Council Page 1163 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-20
Ord. No. Date Description Disposition Supp.
No.
2003-06,
cont’d.
Sec. 6 Adoption of additional regulations Sec. 1.08.095 CA
Sec. 7 Operation of vehicles; generally Sec. 1.08.096 CA
Sec. 8 All-terrain vehicles, motorcycles,
mopeds and motor-driven cycles
Sec. 1.08.097 CA
Sec. 9 Usage fees Sec. 1.08.098 CA
Sec. 10 Special event permit Sec. 1.08.121 CA
Sec. 11 Special event permit–denial;
conditions or restrictions
Sec. 1.08.122 CA
Sec. 12 Special event permit–appeals Sec. 1.08.123 CA
2003-10 8/4/03 Amends zoning ordinance Sec. 14.02.302 CA
Sec. III Specific use permit
2003-11 8/4/03 Amends zoning ordinance
Sec. III Oil and gas well drilling and
production
Sec. 14.02.262 CA
2003-12 8/4/03 Gas and oil wells
Sec. II
Development site plan requirements Sec. 14.03.002 CA
Drilling and production standards Secs. 14.03.031–14.03.039 CA
Sec. III Penalty Sec. 14.03.001 CA
2003-19 10/20/03 Stormwater drainage
Sec. II Definitions Sec. 13.03.001 CA
Sec. III Findings; system established;
adoption of state law
Sec. 13.03.003 CA
Sec. IV Designation of program
responsibility
Sec. 13.03.004 CA
Sec. V Exemptions Sec. 13.03.005 CA
Sec. IX Penalty Sec. 13.03.002 CA
2003-25 12/17/03 Amends zoning ordinance
Sec. III Landscaping regulations Sec. 14.02.352 CA
2003-28 12/1/03 Amends zoning ordinance
Sec. II
General definitions Sec. 14.02.052 CA
Use table Sec. 14.02.103 CA
2003-30 12/1/03 Stormwater drainage fees
Sec. II Definitions Sec. 13.03.031 CA
Sec. III Findings and determinations Sec. 13.03.032 CA
Sec. IV Fee schedule Sec. 13.03.033 CA
Sec. V Billing, payment and penalties Sec. 13.03.034 CA
Sec. VI Adjustment of fees Sec. 13.03.035 CA
Sec. VII Stormwater drainage utility fund Sec. 13.03.036 CA
Sec. VIII Exemptions Sec. 13.03.037 CA
2004-02 1/19/04 Signs
Sec. II Definitions
Sign definitions Sec. 3.09.001 CA
Graffiti definitions Sec. 8.03.001 CA
Sec. III General standards
A. Height Sec. 3.09.004 CA
B. Building and electrical codes
applicable
Sec. 3.09.005 CA
C. Illuminated signs Sec. 3.09.017 CA
Town Council Page 1164 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-21
Ord. No. Date Description Disposition Supp.
No.
2004-02,
cont’d.
Sec. IV Traffic safety Sec. 3.09.016 CA
Sec. V Political signs Sec. 3.09.062 CA
Sec. VI Developer/builder and real estate
signs
Sec. 3.09.064 CA
Sec. VII Provisions for all areas and
zoning districts
Sec. 3.09.018 CA
Sec. VIII Commercial signs Secs. 3.09.091, 3.09.092 CA
Sec. IX Permissible signs not requiring
permits
Sec. 3.09.007 CA
Sec. X Permit requirements Sec. 3.09.006 CA
Sec. XI Temporary permits Sec. 3.09.008 CA
Sec. XII Nonconforming uses Sec. 3.09.009 CA
Sec. XIII Meritorious exceptions and
appeals
Sec. 3.09.010 CA
Sec. XIV Prohibitions Sec. 3.09.015 CA
Sec. XV Graffiti; notice of violation Sec. 8.03.003 CA
Sec. XIX Penalty Sec. 3.09.002 CA
2004-03 1/19/04 Scavenging refuse
Sec. II Definitions Sec. 13.02.041 CA
Sec. III Prohibition Sec. 13.02.043 CA
Sec. IV Exceptions Sec. 13.02.044 CA
Sec. VIII Penalty Sec. 13.02.042 CA
2004-09 2/16/04 Repeals Ord. 2003-14; traffic control
Sec. II Definitions Sec. 12.01.001 CA
Sec. III Speed limits Secs. 12.03.041–12.03.043 CA
Sec. IV Traffic-control devices Secs. 12.02.001–12.02.008,
12.02.031–12.02.033
CA
Sec. V Obstructions to visibility at
intersections
Sec. 12.01.003 CA
Sec. VI Parking (not included in
legislative history)
Secs. 12.04.001–12.04.009 CA
Sec. VII Overweight vehicles Secs. 12.05.031–12.05.037 CA
2004-10 3/1/04 Amends zoning ordinance
Sec. II
Use table Sec. 14.02.103 CA
Sale of alcoholic beverages Sec. 14.02.252 CA
2004-12 3/15/04 Fee schedule
Secs. II, III Applicability; conflicts;
waivers
Sec. A1.001 CA
Ex. A
Community development department Sec. A1.003 CA
Planning and zoning department Sec. A1.004 CA
Zoning board of adjustment Sec. A1.005 CA
Animal control Sec. A1.006 CA
Emergency medical services Sec. A1.007 CA
Fire plan review Sec. A1.008 CA
Fire division Sec. A1.009 CA
Municipal court Sec. A1.010 CA
Police department Sec. A1.011 CA
Town Council Page 1165 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-22
Ord. No. Date Description Disposition Supp.
No.
2004-12,
cont’d.
Parks and recreation Sec. A1.012 CA
Administrative fees Sec. A1.013 CA
Texas Administrative Code charges for
providing copies of public information
Dltd. by Ordinance adopting
Code
CA
2004-17 6/21/04 Motor-assisted scooters
Sec. II Definitions Sec. 12.06.001 CA
Sec. III Operation Sec. 12.06.003 CA
Sec. IV Penalty Sec. 12.06.002 CA
2004-22 8/30/04 International Building Code
Sec. II Applicability Dltd. by Ord. 2012-27 CA
Sec. III Adoption Sec. 3.03.051 CA
Sec. IV Amendments Sec. 3.03.052 CA
Sec. V Board of appeals Dltd. by Ord. 2012-27 CA
Sec. XIII Penalty Dltd. by Ord. 2012-27 CA
2004-23 8/30/04 International Residential Code
Sec. III Adoption Sec. 3.03.101 CA
Sec. IV Amendments Sec. 3.03.102 CA
Sec. V Board of appeals Dltd. by Ord. 2012-28 CA
Sec. VIII Penalty Dltd. by Ord. 2012-28 CA
2004-24 8/30/04 National Electrical Code
Sec. III Adoption Sec. 3.03.151 CA
Sec. IV Amendments Sec. 3.03.152 CA
Sec. VII Penalty Dltd. by Ord. 2012-35 CA
2004-25 8/30/04 International Mechanical Code
Sec. III Adoption Sec. 3.03.201 CA
Sec. IV Amendments Sec. 3.03.202 CA
Sec. IV Penalty Dltd. by Ord. 2012-30 CA
2004-26 8/30/04 International Plumbing Code
Sec. III Adoption Sec. 3.03.251 CA
Sec. IV Amendments Sec. 3.03.252 CA
Sec. VII Penalty Dltd. by Ord. 2012-29 CA
2004-27 8/30/04 International Energy Conservation Code
Sec. III Adoption Sec. 3.03.301 CA
Sec. IV Amendments Sec. 3.03.302 CA
Sec. VIII Penalty Dltd. by Ord. 2012-31 CA
2004-28 8/30/04 International Fire Code
Sec. III Adoption Sec. 3.03.451 CA
Sec. IV Amendments Sec. 3.03.452 CA
Sec. VII Penalty Dltd. by Ord. 2012-32 CA
2004-32 11/15/04 Adopts home rule charter Charter CA
2005-01 1/3/05 Repealing Ord. 2003-18; appointing
judge, court clerk
NIC CA
2005-02 2/7/05 Calls general election NIC CA
2005-03 2/7/05 Repealing Ord. 2004-02, sign regulations
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Definitions
Sign definitions Sec. 3.09.001 CA
Graffiti definitions Sec. 8.03.001 CA
Sec. 3 Permit requirements Sec. 3.09.006 CA
Town Council Page 1166 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-23
Ord. No. Date Description Disposition Supp.
No.
2005-03,
cont’d.
Sec. 4 General standards
A. Height of signs Sec. 3.09.004 CA
B. Building and electrical codes
applicable
Sec. 3.09.005 CA
C. Illuminated signs Sec. 3.09.017 CA
D. Applicability Sec. 3.09.018 CA
Sec. 5 Traffic safety Sec. 3.09.016 CA
Sec. 6 Temporary signs
A. Temporary signs Sec. 3.09.061 CA
B. Political signs Sec. 3.09.062 CA
C. Banner signs Sec. 3.09.063 CA
D. Real estate signs Sec. 3.09.064 CA
E. Special purpose signs Sec. 3.09.065 CA
Sec. 7 Commercial and institutional signs
A. Commercial and institutional signs Sec. 3.09.091 CA
B. Miscellaneous sign regulations Sec. 3.09.092 CA
Sec. 8 Permissible signs not requiring
permit
Sec. 3.09.007 CA
Sec. 9 Temporary permits Sec. 3.09.008 CA
Sec. 10 Nonconforming uses Sec. 3.09.009 CA
Sec. 11 Meritorious exceptions and
appeals
Sec. 3.09.010 CA
Sec. 12 Maintenance of signs Sec. 3.09.011 CA
Sec. 13 Violations Sec. 3.09.012 CA
Sec. 14 Enforcement Sec. 3.09.013 CA
Sec. 15 Enforcement remedies Sec. 3.09.014 CA
Sec. 16 Prohibition Sec. 3.09.015 CA
Sec. 17 Graffiti; notice of violation Sec. 8.03.003 CA
Sec. 21 Penalty Sec. 3.09.002 CA
2005-04 3/21/05 Runoff control
Sec. II General provisions Sec. 3.14.001 CA
Sec. III Definitions Sec. 3.14.002 CA
Sec. IV Illegal discharges to storm
drainage system
Sec. 3.14.005 CA
Sec. V Nuisances Sec. 3.14.006 CA
Sec. VI Runoff from construction activity Sec. 3.14.007 CA
Sec. VII Stormwater pollution prevention
and erosion control
Sec. 3.14.008 CA
Sec. VIII Maintenance of control devices;
records
Sec. 3.14.009 CA
Sec. IX Administration and enforcement Sec. 3.14.004 CA
Sec. XIV Penalty Sec. 3.14.003 CA
2005-05 3/21/05 Repeals Ord. 91-02; design standards NIC CA
2005-06 4/4/05 Amends Ord. 2005-02; canceling section
of 2 unopposed council members
NIC CA
2005-07 4/18/05 Amends Ord. 2000-06; planning and
zoning use table, tanning salons
Sec. II Use table Sec. 14.02.103 CA
2005-08 4/18/05 Amends Ord. 2005-06; amending May 7,
2005 election
NIC CA
Town Council Page 1167 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-24
Ord. No. Date Description Disposition Supp.
No.
2005-09 5/2/05 Amends zoning ordinance
Sec. II Accessory structures and uses Sec. 14.02.253 CA
2005-10 5/2/05 Fee schedule
Secs. II, III Applicability; conflicts;
waivers
Sec. A1.001 CA
Ex. A
Community development department Sec. A1.003 CA
Planning and zoning department Sec. A1.004 CA
Zoning board of adjustment Sec. A1.005 CA
Animal control Sec. A1.006 CA
Emergency medical services Sec. A1.007 CA
Fire plan review Sec. A1.008 CA
Fire division Sec. A1.009 CA
Municipal court Sec. A1.010 CA
Police department Sec. A1.011 CA
Parks and recreation Sec. A1.012 CA
Administrative fees Sec. A1.013 CA
Texas Administrative Code charges for
providing copies of public information
Dltd. by Ordinance adopting
Code
CA
2005-11 5/2/05 Tree preservation and removal
Sec. II Amendments
Definitions Sec. 10.02.241 CA
Parks and recreation board to serve as tree
board
Sec. 10.02.242 CA
Tree preservation Sec. 10.02.243 CA
Information assistance Sec. 10.02.244 CA
Protected trees Sec. 10.02.245 CA
Specimen trees Sec. 10.02.246 CA
Majestic or historic trees Sec. 10.02.247 CA
Tree removal and replacement Sec. 10.02.248 CA
Tree protection measures Sec. 10.02.249 CA
Tree permits Sec. 10.02.250 CA
Land-disturbing activities Sec. 10.02.251 CA
2005-12 5/16/05 Canvasses returns of May 7, 2005
election
NIC CA
2005-13 5/16/05 Repeals Ords. 2003-02, 2005-05; town
design standards
NIC CA
2005-14 6/6/05 Amends zoning ordinance
Sec. II Accessory structures and uses Sec. 14.02.253 CA
2005-15 6/20/05 Swimming pools
Sec. II Definitions Sec. 3.07.001 CA
Sec. III Applicability; prohibitions Sec. 3.07.003 CA
Sec. IV Exceptions Sec. 3.07.004 CA
Sec. V
Application; fees Secs. 3.07.031, 3.07.032 CA
Fence requirements Sec. 3.07.061 CA
Form survey required Sec. 3.07.062 CA
Inspections Sec. 3.07.063 CA
Lighting Sec. 3.07.064 CA
Plumbing and electrical work Sec. 3.07.065 CA
Location of pool Sec. 3.07.066 CA
Town Council Page 1168 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-25
Ord. No. Date Description Disposition Supp.
No.
2005-15,
cont’d.
Draining of pool Sec. 3.07.067 CA
Screening Sec. 3.07.068 CA
Health and safety standards; clarity of
water
Sec. 3.07.069 CA
Location of equipment Sec. 3.07.070 CA
Sec. VI Appeals Sec. 3.07.007 CA
Sec. XI Penalty Sec. 3.07.002 CA
2005-16 7/18/05 Amends Ord 2005-14; fences, retaining
walls and screening standards
Sec. 2
General definitions Sec. 14.02.052 CA
Fencing, retaining walls and screening Sec. 14.02.351 CA
2005-17 7/18/05 Amends fee schedule
Sec. II Building definitions Sec. A1.002 CA
2005-18 7/18/05 Flood damage prevention
Sec. II Findings of fact Sec. 3.13.001 CA
Sec. III Statement of purpose Sec. 3.13.002 CA
Sec. IV Methods of reducing flood losses Sec. 3.13.003 CA
Sec. VI Definitions Sec. 3.13.004 CA
Sec. VII General provisions Sec. 3.13.005 CA
Sec. VIII Administration Sec. 3.13.006 CA
Sec. IX Flood hazard reduction standards Sec. 3.13.007 CA
Sec. X Violations Sec. 3.13.008 CA
2005-19 8/15/05 Parkland dedication
Sec. II Purpose Sec. 10.03.001 CA
Sec. III Dedication procedures Sec. 10.03.002 CA
Sec. IV Money in lieu of land Sec. 10.03.003 CA
Sec. V Additional requirements Sec. 10.03.004 CA
Sec. VI Credit for conveyance of
floodplains
Sec. 10.03.005 CA
Sec. VII Minimum park improvements Sec. 10.03.006 CA
Sec. VIII Biennial review of ordinance Sec. 10.03.008 CA
Sec. IX Dedication or payment required
prior to beginning development
Sec. 10.03.009 CA
Sec. X Dedication or payment required
prior to issuance of building permits or
provision of utility service
Sec. 10.03.010 CA
Sec. XI Increase in proposed number of
dwelling units
Sec. 10.03.011 CA
Sec. XII Penalty Sec. 10.03.012 CA
2005-20 8/1/05 Amends fee schedule
Sec. II Building definitions Sec. A1.002 CA
2005-21 8/15/05 Repeals Ord. 2005-01; appointing new
court personnel
NIC CA
2005-22 9/6/05 Amends Ord. 1999-17; TC signage PD 21 NIC CA
2005-23 9/6/05 Amends 2005-13; design standards NIC CA
2005-24 9/19/05 Adopts budget, FY 05-06 NIC CA
2005-25 9/19/05 Tax levy, FY 05-06 NIC CA
Town Council Page 1169 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-26
Ord. No. Date Description Disposition Supp.
No.
2005-26 10/3/05 Traffic control
Sec. II Definitions Sec. 12.01.001 CA
Sec. III Speed limits Secs. 12.03.041–12.03.043 CA
Sec. IV Traffic-control devices Secs. 12.02.001–12.02.008,
12.02.031–12.02.033
CA
Sec. V Obstructions to visibility at
intersections
Sec. 12.01.003 CA
Sec. VI Parking Secs. 12.04.001–12.04.009 CA
Sec. VII Overweight vehicles Secs. 12.05.031–12.05.037 CA
Sec. XI Penalty Sec. 12.01.002 CA
2005-27 12/5/05 Creating parks and recreation board
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Definitions Sec. 1.08.031 CA
Sec. 3 Board established; number of
members; terms; qualifications
Sec. 1.08.032 CA
Sec. 4 Powers and duties of board Sec. 1.08.033 CA
Sec. 5 Procedures of the board Sec. 1.08.034 CA
2005-28 12/5/05 Repeals Ord. 2004-17; new regulations
for motor scooters
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Definitions Sec. 12.06.001 CA
Sec. 3 Restrictions and prohibitions Sec. 12.06.003 CA
Sec. 4 Penalty Sec. 12.06.002 CA
2005-29 12/5/05 Construction fees
Sec. 3, ex. A Community development
department
Sec. A1.003 CA
2006-01 1/9/06 Repealing Ord. 2002-24; food
establishment regulations
Sec. II Adoption of state rules Sec. 4.06.001 CA
Sec. III Definitions Sec. 4.06.002 CA
Sec. IV Enforcement Sec. 4.06.004 CA
Sec. V Permit required; transfer;
exemptions
Sec. 4.06.041 CA
Sec. VI Permit issuance; fee; duration;
offenses
Sec. 4.06.042 CA
Sec. VII Suspension Sec. 4.06.043 CA
Sec. VIII Revocation; appeals Sec. 4.06.044 CA
Sec. IX Inspections Sec. 4.06.005 CA
Sec. X Examination and condemnation of
food; procedure when disease is
suspected
Sec. 4.06.006 CA
Sec. XI Submission and review of plans Sec. 4.06.007 CA
Sec. XII Food protection manager Sec. 4.06.008 CA
Sec. XIII Snow cone establishments Dltd. by Ord. 2014-17 CA
Sec. XIV Mobile units Sec. 4.06.009 CA
Sec. XVIII Penalty; injunctive relief Sec. 4.06.003 CA
2006-02 1/9/06 Repealing Ord. 2005-20; new schedule of
fees
NIC CA
2006-03 2/6/06 Town council procedures policy Secs. 1.03.031–1.03.039 CA
2006-04 3/6/06 Calls joint elections NIC CA
2006-05 3/6/06 Calls special election NIC CA
Town Council Page 1170 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-27
Ord. No. Date Description Disposition Supp.
No.
2006-06 3/6/06 Parkland dedication and open space
Sec. II Purpose Sec. 10.03.001 CA
Sec. III Dedication procedures Sec. 10.03.002 CA
Sec. IV Money in lieu of land Sec. 10.03.003 CA
Sec. V Additional requirements Sec. 10.03.004 CA
Sec. VI Credit for conveyance of
floodplains
Sec. 10.03.005 CA
Sec. VII Minimum park improvements Sec. 10.03.006 CA
Sec. VIII Appeals Sec. 10.03.007 CA
Sec. IX Biennial review of ordinance Sec. 10.03.008 CA
Sec. X Dedication or payment required
prior to beginning development
Sec. 10.03.009 CA
Sec. XI Dedication or payment required
prior to issuance of building permits or
provision of utility service
Sec. 10.03.010 CA
Sec. XII Increase in proposed number of
dwelling units
Sec. 10.03.011 CA
Sec. XIII Penalty Sec. 10.03.012 CA
2006-07 3/20/06 Amends Ord. 2000-06; planning and
zoning official zoning map
NIC CA
2006-08 4/17/06 Amends Ords. 2006-07 and 2000-06;
official zoning map
NIC CA
2006-09 5/1/06 Amends traffic control
Sec. VI Parking Secs. 12.04.001–12.04.009 CA
2006-10 5/1/06 Outdoor storage
Sec. II Definitions Sec. 8.04.001 CA
Sec. III Screening of certain items
required
Sec. 8.04.003 CA
Sec. IV Screening standards Sec. 8.04.004 CA
Sec. V Portable home storage units Sec. 8.04.005 CA
Sec. IX Penalty Sec. 8.04.002 CA
2006-11 5/22/06 Amends Ord. 2000-06; planning and
zoning comprehensive zoning
NIC CA
2006-12 5/22/06 Canvasses May 13, 2006 election NIC CA
2006-13 5/22/06 Adopting water conservation plan Rpld. by Ord. 2006-17 CA
2006-14 6/5/06 Codification of ordinances NIC CA
2006-15 6/5/06 Amends Ord. 95-20; The Village NIC CA
2006-16 6/19/06 Denying Atmos Energy rate increase NIC CA
2006-17 6/19/06 Repealing 2006-13 in its entirety; lawn
and landscape irrigation conservation
Sec. II Amendments
Restrictions Sec. 1.10.062 CA
Rain-sensing devices and freeze gauges Sec. 1.10.063 CA
Variances Sec. 1.10.064 CA
Appeals Sec. 1.10.065 CA
Exemptions Sec. 1.10.066 CA
Sec. V Penalty Sec. 1.10.061 CA
2006-18 6/19/06 Adds ch. 1, sec. 13.01; open records
requests by fax
Sec. 1.07.061 CA
2006-19 6/19/06 Traffic-control devices
Sec. II Amendments Secs. 12.02.001–12.02.008,
12.02.031–12.02.033
CA
Town Council Page 1171 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-28
Ord. No. Date Description Disposition Supp.
No.
2006-20 7/10/06 Tree preservation and removal;
Tree preservation Sec. 10.02.243 CA
Appeals Sec. 10.02.252 CA
2006-21 7/24/06 Nextel Communications agreement NIC CA
2006-22 7/24/06 Amends fee schedule
Sec. II Animal control Sec. A1.006 CA
2006-23 7/24/06 Amends traffic control
Sec. 2.01 Amends ch. 10, sec. 2.05;
parking on unapproved surfaces
Sec. 12.04.005 CA
Sec. 2.02 Amends ch. 10, sec. 2.07;
private streets
Sec. 12.01.004 CA
Sec. 2.03 Amends ch. 10, sec. 2.08;
penalty
Sec. 12.01.002 CA
2006-24 7/24/06 Animal control
Sec. II Amendments
Definitions Sec. 2.01.001 CA
Enforcement Sec. 2.01.003 CA
Fees Sec. 2.01.004 CA
Exceptions Sec. 2.01.005 CA
Humane care of animals Sec. 2.01.006 CA
Maximum number of animals Sec. 2.01.007 CA
Prohibited actions against animals Sec. 2.01.008 CA
Animals at large Sec. 2.01.011 CA
Authority to impound, kill or muzzle
certain animals
Sec. 2.01.013 CA
Dangerous dogs Sec. 2.01.014 CA
Keeping livestock or wild or prohibited
animal
Sec. 2.01.015 CA
Confinement of animal involved in attack Sec. 2.01.016 CA
Vicious animals Sec. 2.01.017 CA
Rabies control; vaccination of dogs and
cats
Sec. 2.01.018 CA
Licenses and tags Sec. 2.01.019 CA
Special requirements for keeping
miniature pigs and ferrets
Sec. 2.01.020 CA
Impoundment Sec. 2.02.001 CA
Release of unvaccinated animals Sec. 2.02.002 CA
Adoption of impounded animals Sec. 2.02.003 CA
Dangerous wild animals; inspection of
premises
Sec. 2.03.001 CA
Dangerous wild animals; relocation or
disposition of animal
Sec. 2.03.002 CA
Dangerous wild animals; attack by
animal; escape of animal
Sec. 2.03.003 CA
Dangerous wild animals; care and
treatment; transportation
Sec. 2.03.004 CA
Dangerous wild animal certificate of
registration; required
Sec. 2.03.041 CA
Dangerous wild animal certificate of
registration; application
Sec. 2.03.042 CA
Town Council Page 1172 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-29
Ord. No. Date Description Disposition Supp.
No.
2006-24,
cont’d.
Dangerous wild animal certificate of
registration; denial or revocation
Sec. 2.03.043 CA
Dangerous wild animal certificate of
registration; effective date
Sec. 2.03.044 CA
2006-25 8/21/06 Abandoned or junked vehicles
Sec. II Amendments
Definitions Sec. 8.08.001 CA
Penalty Sec. 8.08.002 CA
Immediate removal of vehicles
obstructing traffic
Sec. 8.08.003 CA
Abandoned vehicles Sec. 8.08.031–8.08.036 CA
Junked vehicles Secs. 8.08.061–8.08.065 CA
2006-26 8/21/06 Amends Ord. 2002-41; PD 25 Trophy
Wood Business Center
NIC CA
2006-27 8/21/06 Rezoning NIC CA
2006-28 8/21/06 Establishes records management program
Policy Sec. 1.07.031 CA
Definitions Sec. 1.07.032 CA
Town records declared public property Sec. 1.07.033 CA
Designation of records management
officer
Sec. 1.07.034 CA
Records management plan to be
developed; approval of plan; authority
of plan
Sec. 1.07.035 CA
Duties of records management officer Sec. 1.07.036 CA
Records control schedules to be
developed; approval; filing with state
Sec. 1.07.037 CA
Implementation of records control
schedules; destruction of records under
schedule
Sec. 1.07.038 CA
Destruction of unscheduled records Sec. 1.07.039 CA
Records center Sec. 1.07.040 CA
Alternative storage methods Sec. 1.07.041 CA
2006-29 8/21/06 Sex offenders residency restrictions
Sec. II Amendments
Definitions Sec. 8.06.001 CA
Offenses Sec. 8.06.002 CA
Evidentiary matters; measurements Sec. 8.06.003 CA
Culpable mental state not required Sec. 8.06.004 CA
Defenses Sec. 8.06.005 CA
Penalty Sec. 8.06.006 CA
Ex. A Safety zone map Sec. 8.06.007 CA
2006-30 8/21/06 Town council rules and procedures Secs. 1.03.031–1.03.039 CA
2006-31 9/11/06 Financing of new police vehicle and
computers
NIC CA
2006-32 9/11/06 Amends zoning ordinance; modification
of masonry requirements
Sec. II CR Commercial recreation district
regulations
Sec. 14.02.166 CA
2006-33 9/11/06 Financing of new parks truck and
commercial grade mower
NIC CA
Town Council Page 1173 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-30
Ord. No. Date Description Disposition Supp.
No.
2006-34 9/18/06 Amends zoning ordinance; hard top pool
covers
Sec. II Accessory structures and uses Sec. 14.02.253 CA
2006-35 9/18/06 Adopts budget, FY 06-07 NIC CA
2006-36 9/18/06 Tax levy, FY 06-07 NIC CA
2006-37 9/18/06 Amends fees; sec. 8.03 Community
development fees (not included in
legislative history for 2006 Code)
Sec. A1.003 CA
2006-38 9/18/06 Parking
Sec. II Amendments Secs. 12.04.001–12.04.009 CA
2006-39 10/2/06 Amends Ordinance 2002-41; PD 25 NIC CA
2006-40 10/2/06 Tree preservation and removal
Sec. II Amendment
Penalty Sec. 10.02.010 CA
Definitions Sec. 10.02.241 CA
Parks and recreation board to serve as tree
board
Sec. 10.02.242 CA
Tree preservation Sec. 10.02.243 CA
Information assistance Sec. 10.02.244 CA
Protected trees Sec. 10.02.245 CA
Specimen trees Sec. 10.02.246 CA
Majestic or historic trees Sec. 10.02.247 CA
Tree removal and replacement Sec. 10.02.248 CA
Tree protection measures Sec. 10.02.249 CA
Tree permits Sec. 10.02.250 CA
Land-disturbing activities Sec. 10.02.251 CA
Appeals Sec. 10.02.252 CA
2006-41 10/2/06 Establishing mitigation fee for removal of
trees (not included in legislative history
for 2006 Code)
Sec. A1.003 CA
2006-42 10/10/06 Adopts map designating the town’s ETJ NIC CA
2006-43 11/6/06 Animal control
Sec. II Amendments
Definitions Sec. 2.01.001 CA
Penalty; injunctive relief Sec. 2.01.002 CA
Enforcement Sec. 2.01.003 CA
Fees Sec. 2.01.004 CA
Exceptions Sec. 2.01.005 CA
Humane care of animals Sec. 2.01.006 CA
Maximum number of animals Sec. 2.01.007 CA
Prohibited actions against animals Sec. 2.01.008 CA
Sanitary conditions Sec. 2.01.009 CA
Defecation of animals on public and
private property
Sec. 2.01.010 CA
Animals at large Sec. 2.01.011 CA
Animal noise Sec. 2.01.012 CA
Authority to impound, kill or muzzle
certain animals
Sec. 2.01.013 CA
Dangerous dogs Sec. 2.01.014 CA
Keeping livestock or wild or prohibited
animal
Sec. 2.01.015 CA
Town Council Page 1174 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-31
Ord. No. Date Description Disposition Supp.
No.
2006-43,
cont’d.
Confinement of animal involved in attack Sec. 2.01.016 CA
Vicious animals Sec. 2.01.017 CA
Rabies control; vaccination of dogs and
cats
Sec. 2.01.018 CA
Licenses and tags Sec. 2.01.019 CA
Special requirements for keeping
miniature pigs and ferrets
Sec. 2.01.020 CA
Impoundment Sec. 2.02.001 CA
Release of unvaccinated animals Sec. 2.02.002 CA
Adoption of impounded animals Sec. 2.02.003 CA
Dangerous wild animals; Inspection of
premises
Sec. 2.03.001 CA
Dangerous wild animals; relocation or
disposition of animal
Sec. 2.03.002 CA
Dangerous wild animals; attack by
animal; escape of animal
Sec. 2.03.003 CA
Dangerous wild animals; care and
treatment; transportation
Sec. 2.03.004 CA
Dangerous wild animals; liability
insurance
Sec. 2.03.005 CA
Dangerous wild animals; transfer of
ownership
Sec. 2.03.006 CA
Dangerous wild animals; offenses Sec. 2.03.007 CA
Dangerous wild animals; civil penalty Sec. 2.03.008 CA
Dangerous wild animal certificate of
registration; required
Sec. 2.03.041 CA
Dangerous wild animal certificate of
registration; application
Sec. 2.03.042 CA
Dangerous wild animal certificate of
registration; denial or revocation
Sec. 2.03.043 CA
Dangerous wild animal certificate of
registration; effective date
Sec. 2.03.044 CA
Dangerous wild animal certificate of
registration; display
Sec. 2.03.045 CA
Dangerous wild animal certificate of
registration; exemptions
Sec. 2.03.046 CA
2006-44 11/6/06 Cable Franchise Agreement with Charter
Communications
NIC CA
2006-45 11/6/06 Terms and authorization of note for
Harmony Park Reconstruction and
improvement
NIC CA
2006-46 11/20/06 Amend zoning ordinance
Sec. 2 Accessory structures and uses Sec. 14.02.253 CA
2006-47 11/20/06 Hotel occupancy tax
Sec. 2 Amendments; adoption of ch. 15,
art. I
Sec. 1.01 Definitions Sec. 11.02.001 CA
Sec. 1.02 Levy; collection Sec. 11.02.002 CA
Sec. 1.03 Exemptions and refunds Sec. 11.02.003 CA
Sec. 1.04 Reports and records Sec. 11.02.004 CA
Town Council Page 1175 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-32
Ord. No. Date Description Disposition Supp.
No.
2006-47,
cont’d.
Sec. 1.05 Failure to file report or pay tax Sec. 11.02.005 CA
Sec. 1.06 Use of revenue Sec. 11.02.006 CA
Sec. 1.07 Criminal penalty Sec. 11.02.007 CA
2006-48 11/20/06 Creating a fire marshal's office
Sec. II Amendments
Office of fire marshal created Sec. 5.02.001 CA
Qualifications Sec. 5.02.002 CA
Powers and duties of fire marshal;
appointment and removal
Sec. 5.02.003 CA
Authority and duties as peace officers Sec. 5.02.004 CA
Arson investigator reserve force Sec. 5.02.005 CA
2006-49 12/18/06 Amends municipal court personnel
Sec. 2.01 Amends court clerk Sec. 7.02.004 CA
Sec. 2.02 Appoints judges NIC CA
2007-01 1/8/07 Renumbers chapter 10, article XII to
article XIII, entitled "Fire Marshal"
NIC CA
2007-02 2/5/07 Amends subdivision regulations
Sec. II Amendment
Developer’s agreements; procedures Sec. 10.02.201 CA
Tree preservation and removal; land-
disturbing activities
Sec. 10.02.251 CA
2007-03 2/5/07 Calls general election May 12, 2007 NIC CA
2007-04 2/19/07 Annexation NIC CA
2007-05 2/19/07 Reinvestment Zone No. 1 NIC CA
2007-06 2/19/07 Reinvestment Zone No. 2 NIC CA
2007-07 2/19/07 Reinvestment Zone No. 3 NIC CA
2007-08 2/19/07 Reinvestment Zone No. 4 NIC CA
2007-09 2/19/07 Amends fee schedule
Sec. II Parks and recreation Sec. A1.012 CA
2007-10 3/5/07 Amends ch. 5, sec. 4.05(B)(2); political
signs
Sec. 3.09.062 CA
2007-11 3/5/07 Zoning ordinance; PD-28 NIC CA
2007-12 3/19/07 Amends budget, FY 06-07 NIC CA
2007-13 3/19/07 Calls general election May 12, 2007 NIC CA
2007-14 4/2/07 Bond series 2007 for streets NIC CA
2007-15 4/2/07 Repeals Ord. 2006-11 PZ PD-27; The
Highlands at Trophy Club
NIC CA
2007-16 4/16/07 Swimming pools
Sec. II Amendments
Definitions Sec. 3.07.001
Penalty Sec. 3.07.002 CA
Applicability; prohibitions Sec. 3.07.003 CA
Exceptions Sec. 3.07.004 CA
Notice of violation; failure to comply
with notice
Sec. 3.07.005 CA
Abatement without notice Sec. 3.07.006 CA
Appeals Sec. 3.07.007 CA
Application; fees Secs. 3.07.031, 3.07.032 CA
Fence requirements Sec. 3.07.061 CA
Form survey required Sec. 3.07.062 CA
Town Council Page 1176 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-33
Ord. No. Date Description Disposition Supp.
No.
2007-16,
cont’d.
Inspections Sec. 3.07.063 CA
Lighting Sec. 3.07.064 CA
Plumbing and electrical work Sec. 3.07.065 CA
Location of pool Sec. 3.07.066 CA
Draining of pool Sec. 3.07.067 CA
Screening Sec. 3.07.068 CA
Health and safety standards; clarity of
water
Sec. 3.07.069 CA
Location of equipment Sec. 3.07.070 CA
2007-17 4/16/07 Amends zoning ordinance
Sec. II Fencing, retaining walls and
screening
Sec. 14.02.351 CA
2007-18 5/7/07 Certificate of obligation; series 2007 NIC CA
2007-19 5/21/07 Canvassing returns of May 12, 2007
election
NIC CA
2007-20 7/23/07 Amends fee schedule
Sec. II Applicability; conflicts; waivers Sec. A1.001 CA
2007-21 8/20/07 Calls charter amendment election NIC CA
2007-22 9/10/07 PD-28; final site plan for NISD High
School
NIC CA
2007-23 9/24/07 Assessment services PID NIC CA
2007-24 9/24/07 Tax levy, FY 07-08 NIC CA
2007-25 9/24/07 Adopts budget, FY 07-08 NIC CA
2007-26 10/1/07 Amends PD 21 to allow fitness-workout
facility
NIC CA
2007-27 10/15/07 Denies Atmos rate increase NIC CA
2007-28 10/15/07 Amends budget, FY 06-07 NIC CA
2007-29 –/–/07 Approves service and assessment plan
and assessment roll
NIC CA
2007-30 11/5/07 Amends Ord. 2007-15; PD-27 NIC CA
2007-31 11/5/07 Repeals Ord. 1999-15; roadway easement
dedication
NIC CA
2007-32 11/19/07 Amends gas and oil wells; on-site
requirements (Sec. II, (6.01(A)(2)(c)))
Sec. 14.03.033 CA
2007-33 11/19/07 Canvassing returns charter election (Nov
6)
All propositions failed CA
2007-34 12/13/07 Approves bond issuance; PID 1 NIC CA
2007-35 12/13/07 Approves service and assessment plan
and assessment roll
NIC CA
2008-01 FAILED CA
2008-02 1/21/08 Amends fee schedule
Sec. II Community development
department
Sec. A1.003 CA
2008-03 2/4/08 Approves financing of new police video
equipment
NIC CA
2008-04 2/4/08 Calls joint/general election for May 10,
2008
NIC CA
2008-05 2/4/08 Lawn and landscape irrigation
conservation
Sec. II Amendments; restrictions Sec. 1.10.062 CA
Town Council Page 1177 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-34
Ord. No. Date Description Disposition Supp.
No.
2008-06 2/4/08 Oncor Electric Delivery NIC CA
2008-07 2/18/08 Amends Ord. 2008-04; calling a
joint/general election for May 10, 2008
NIC CA
2008-08 3/3/08 Approves note (police department) NIC CA
2008-09 3/3/08 Approving settlement with Atmos NIC CA
2008-10 3/3/08 Amends fee schedule
Sec. II Water and wastewater fees for
Public Improvement District No. 1
Sec. A1.014 CA
2008-11 3/3/08 Amends ch. 5, sec. 4.05(B)(2); political
signs
Sec. 3.09.062 CA
2008-12 FAILED CA
2008-13 5/19/08 Canvasses May 10, 2008 election NIC CA
2008-14 5/19/08 Indemnification of officers
Sec. II Amendments
Purpose Sec. 9.03.001 CA
Definitions Sec. 9.03.002 CA
Right to indemnification Sec. 9.03.003 CA
Representation in actions Sec. 9.03.004 CA
Town’s defenses Sec. 9.03.005 CA
Disciplinary action Sec. 9.03.007 CA
Suits by or on behalf of town Sec. 9.03.008 CA
Exclusions Sec. 9.03.009 CA
2008-15 5/19/08 Amends signs
Sec. 2.01 Definition of changeable
electronic variable sign (CEVMs)
Sec. 3.09.001 CA
Sec. 2.02 Definition of electronic
message board
Sec. 3.09.001 CA
Sec. 2.03 Renumbers sec. 4.03 Secs. 3.09.004, 3.09.005,
3.09.017, 3.09.018
CA
Sec. 2.04 Adds following sections
A. Purpose/applicability Sec. 3.09.003 CA
F. Billboard signs/CEVMs Sec. 3.09.019 CA
G. CEVMs or electronic message boards Sec. 3.09.019 CA
Sec. 2.05 Amends sec. 4.06; electronic
message boards
Sec. 3.09.092 CA
Sec. 2.06 Amends sec. 4.06; CEVMs Sec. 3.09.092 CA
2008-16 7/7/08 Rezoning NIC CA
2008-17 7/7/08 Amends fee schedule
Sec. II Water and wastewater fees for
Public Improvement District No. 1
Sec. A1.014 CA
2008-18 7/21/08 Adds ch. 15, sec. 2.01; Penalty for
collection costs for delinquent taxes and
assessments
Sec. 11.01.001 CA
2008-19 8/4/08 Amends ch. 1, sec. 6.01(C); times of
meetings (not included in legislative
history
Secs. 1.03.031–1.03.039 CA
2008-20 Skipped CA
2008-21 8/18/08 Peddlers and solicitors
Sec. II Amendments
Definitions Sec. 4.03.001 CA
Hours and days of operation Sec. 4.03.003 CA
Town Council Page 1178 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-35
Ord. No. Date Description Disposition Supp.
No.
2008-21,
cont’d.
Commercial solicitation Secs. 4.03.031–4.03.040 CA
Charitable solicitation Secs. 4.03.071–4.03.077 CA
Religious solicitation Secs. 4.03.101–4.03.104 CA
2008-22 8/18/08 Swimming pools
Sec. II Amendments
Definitions Sec. 3.07.001 CA
Applicability; prohibitions Sec. 3.07.003 CA
Draining of pool Sec. 3.07.067 CA
2008-23 9/8/08 Amends Ord. 2006-39, PD 25, exhibit
5.6, sign criteria
NIC CA
2008-24 9/8/08 Amends zoning ordinance; foot rule
Sec. 2.01 General definitions Sec. 14.02.052 CA
Secs. 2.02, 2.03, 2.04 Accessory
structures and uses
Sec. 14.02.253 CA
2008-25 9/8/08 Tariffs for Atmos Energy Corporation NIC CA
2008-26 9/22/08 Approves annual SAP and assessment roll
for PID1
NIC CA
2008-27 9/22/08 Adopts budget, FY 08-09 NIC CA
2008-28 9/22/08 Tax levy, FY 08-09 NIC CA
2008-29 9/22/08 Rezoning NIC CA
2008-30 9/29/08 Fixing and levying SAP emergency
services
NIC CA
2008-31 10/6/08 Adds ch. 10, secs. 2.08 and 2.09; motor
vehicle idling limitations
Sec. 2.01 Renumbers and amends ch. 10,
sec. 2.08 to 2.09
Sec. 12.01.002 CA
Sec. 2.02 Adds sec. 2.08 Locally enforced
motor vehicle idle limitations
Sec. 12.01.005 CA
2008-32 10/6/08 Amends parks and recreation board
Sec. II Amendment to ch. 9, art. I
Sec. 1.01 Definitions Sec. 1.08.031 CA
Sec. 1.02 Board established; number of
members; terms; qualifications
Sec. 1.08.032 CA
Sec. 1.03 Powers and duties of board Sec. 1.08.033 CA
Sec. 1.04 Procedures of the board Sec. 1.08.034 CA
2008-33 10/20/08 Peddlers and solicitors; hours and days of
operation
Sec. 4.03.003 CA
2008-34 10/20/08 Amends budget, FY 07-08 NIC CA
2008-35 10/20/08 Denies Oncor Electric Delivery request to
increase rates
NIC CA
2008-36 11/3/08 Adds ch. 3, art. XVI 2003 International
Property Maintenance Code
Sec. 2 Adoption Sec. 3.03.351 CA
Amendments Sec. 3.03.352 CA
Penalty Dltd. by Ord. 2012-34 CA
2008-37 11/17/08 Amends fee schedule
Sec. II Amendments
Community development department Sec. A1.003 CA
Planning and zoning department Sec. A1.004 CA
Animal control Sec. A1.006 CA
Town Council Page 1179 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-36
Ord. No. Date Description Disposition Supp.
No.
2008-37,
cont’d.
Emergency medical services Sec. A1.007 CA
Police department Sec. A1.011 CA
Water and wastewater fees for Public
Improvement District No. 1
Sec. A1.014 CA
2008-38 12/1/08 Traffic-control devices
Sec. II Amendments Secs. 12.02.001–12.02.008,
12.02.031–12.02.033
CA
2008-39 12/1/08 Amends Ord. 2007-15; PD-27, the
Highlands
NIC CA
2008-40 12/1/08 Amends Ord. 2002-41; PD-25, Trophy
Wood Business Center
NIC CA
2008-41 12/15/08 Reappoint and extend the term of the
current presiding and alternate judges
NIC CA
2008-42 12/15/08 Amends fee schedule
Sec. II Amendments
Building definitions Sec. A1.002 CA
Community development department Sec. A1.003 CA
Animal control Sec. A1.006 CA
Water and wastewater fees for Public
Improvement District No. 1
Sec. A1.014 CA
2008-43 12/15/08 Amends ch. 2, sec. 1.10; surrender of
domestic animals.
Sec. 2.02.001 CA
2008-44 1/5/08 Amends Ord. 2007-15; PD-27 NIC CA
2009-01 1/5/08 Amends Ord. 2007-15; PD-27 NIC CA
2009-02 1/19/09 Fee schedule
Sec. II Community development
department
Sec. A1.003 CA
2009-03 2/16/09 Sex offender safety zone map Sec. 8.06.007 CA
2009-04 2/16/09 Tree preservation and removal
Sec. II Amendment
Penalty Sec. 10.02.010 CA
Definitions Sec. 10.02.241 CA
Parks and recreation board to serve as tree
board
Sec. 10.02.242 CA
Tree preservation Sec. 10.02.243 CA
Information assistance Sec. 10.02.244 CA
Protected trees Sec. 10.02.245 CA
Specimen trees Sec. 10.02.246 CA
Majestic or historic trees Sec. 10.02.247 CA
Tree removal and replacement Sec. 10.02.248 CA
Tree protection measures Sec. 10.02.249 CA
Tree permits Sec. 10.02.250 CA
Land-disturbing activities Sec. 10.02.251 CA
Appeals Sec. 10.02.252 CA
2009-05 3/2/09 Dissolution of MUD2 NIC CA
2009-06 3/2/09 Calls special election NIC CA
2009-07 3/9/09 Calls special election; charter
amendments
NIC CA
2009-08 5/18/09 Rezoning NIC CA
Town Council Page 1180 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-37
Ord. No. Date Description Disposition Supp.
No.
2009-09 5/18/09 Amends zoning ordinance
Sec. II Accessory structures and uses Sec. 14.02.253 CA
2009-10 Skipped
2009-11 5/18/09 Canvassing returns of special election NIC CA
2009-12 5/18/09 Amends home rule charter
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Adoption of amendments
Sec. 2.01 Proposition 4: terms for council Charter, secs. 3.01, 3.02(a),
(1), 3.04(c), (d), (e), 5.01,
5.06, 6.01, 6.04(g), 6.06
CA
Sec. 2.02 Proposition 5: Resign council
seat
Charter, secs. 3.02(a)(7),
5.04(f)
CA
Sec. 2.03 Proposition 6: Forfeiture of
office
Charter, secs. 3.04(b) CA
Sec. 2.04 Proposition 7: Filling council
vacancies
Charter, secs. 3.04(c), (d), (e) CA
Sec. 2.05 Proposition 9: Mayor voting Charter, secs. 3.06, 3.12,
3.16(b), 3.17
CA
Sec. 2.06 Proposition 10: Agenda request
process
Charter, sec. 3.11(b) CA
Sec. 2.07 Proposition 11: Conflict of
interest and abstention from voting
Charter, sec. 3.20 CA
Sec. 2.08 Proposition 12: Appointment
language consistency
Charter, secs. 4.02(a), 4.07,
4.11, 4.12, 4.14
CA
Sec. 2.09 Proposition 13: Compliance
with election code
Charter, secs. 5.01(e), 6.02,
6.04(f), 7.02, 7.03,
CA
Sec. 2.10 Proposition 14: Define grounds
for recall
Charter, secs. 6.01, 6.03 CA
Sec. 2.11 Proposition 19: Budget process Charter, secs. 3.06, 3.08, 4.05,
9.02–9.20
CA
Sec. 2.12 Proposition 21: Code of ethics
and ethics commission
Charter, sec. 11.14 CA
Sec. 2.13 Proposition 22: Charter review
commission
Charter, sec. 11.15 CA
Sec. 2.14 Proposition 23: Term limits Charter, sec. 3.22 CA
Sec. 2.15 Proposition 24: Power to grant
franchise
Charter, sec. 10.03 CA
2009-13 6/1/09 Runoff from construction activity Sec. 3.14.007 CA
2009-14 6/22/09 Amends budget, FY 08-09 NIC CA
2009-15 6/22/09 Abandons tract of land NIC CA
2009-16 7/6/09 Town council rules of procedure Secs. 1.03.031–1.03.039 CA
2009-17 7/20/09 Approving a change in the tariffs of
Atmos
NIC CA
2009-18 1/20/09 Drought contingency plan
Sec. II
Policy, purpose and intent Sec. 1.10.091 CA
Applicability (this section combined with
“policy, purpose and intent” by
Ordinance 2013-13)
Sec. 1.10.091 CA
Definitions Sec. 1.10.093 CA
Enforcement; penalty Sec. 1.10.094 CA
Town Council Page 1181 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-38
Ord. No. Date Description Disposition Supp.
No.
2009-18,
cont’d.
Notification of drought conditions Sec. 1.10.095 CA
Restrictions during Stage 1 Sec. 1.10.096 CA
Restrictions during Stage 2 Sec. 1.10.097 CA
Restrictions during Stage 3 Sec. 1.10.098 CA
Termination of restrictions Sec. 1.10.099 CA
2009-19 8/17/09 Calls a bond election NIC CA
2009-20 8/24/09 Amends zoning ordinance
Sec. II Accessory structures and uses Sec. 14.02.253 CA
2009-21 8/24/09 Ordinance renumbering charter as a result
of charter amendments adopted at the
May 2009 election.
Renumbers sec. 3.06 as amended by prop.
19 to sec. 3.06A
Charter, sec. 3.06 CA
Renumbers 5.01(e) as added by prop. 13
to (h)
Charter, sec. 5.01 CA
Renumbers sec. 6.01 as added by prop. 14
to 6.01A
Charter, sec. 6.01A CA
2009-22 8/24/09 Accepts service and assessment plan and
updated assessment roll for PID 1
NIC CA
2009-23 9/14/09 Amends budget, FY 08-09 NIC CA
2009-24 9/28/09 Accepts update of the service and
assessment plan and updated assessment
roll for PID 1
NIC CA
2009-25 9/28/09 Accepts service and assessment plan for
PID 1
NIC CA
2009-26 9/28/09 Adopts budget, FY 09-10 NIC CA
2009-27 9/28/09 Tax levy, FY 09-10 NIC CA
2009-28 11/2/09 Hotels
Sec. II Amendments
Definitions Sec. 3.12.001 CA
Penalty Sec. 3.12.002 CA
Permit Sec. 3.12.003 CA
Guest registration requirements Sec. 3.12.004 CA
Standards for premises and equipment Sec. 3.12.005 CA
Inspections; cancellation of permit Sec. 3.12.006 CA
Appeals Sec. 3.12.007 CA
2009-29 11/2/09 Swimming pools
Sec. 2.01 Location of pool Sec. 3.07.066 CA
Sec. 2.02 Accessory structures and uses Sec. 14.02.253 CA
2009-30 11/2/09 Zoning changes to PD 27 NIC CA
2009-31 11/16/09 Canvasses election results NIC CA
2009-32 11/16/09 Traffic control
Sec. II Amendments
Traffic-control devices Secs. 12.02.001–12.02.008,
12.02.031–12.02.033
CA
Speed limits Secs. 12.03.041–12.03.043 CA
2009-33 12/7/09 Amends budget, FY 09-10 NIC CA
2010-01 2/1/10 Amends PD-27 Village Center NIC CA
2010-02 2/1/10 Bond series 2010 NIC CA
Town Council Page 1182 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-39
Ord. No. Date Description Disposition Supp.
No.
2010-03 2/1/10 Swimming pools
Sec. II Applicability; prohibitions Sec. 3.07.003 CA
2010-04 2/15/10 Amends PD-15, "The Lakes of Trophy
Club"
NIC CA
2010-05 2/15/10 Calls sales tax election NIC CA
2010-06 2/15/10 Amends ch. 12, sec. 8.08; tree removal
and replacement
Sec. 10.02.248 CA
2010-05A 3/8/10 Calls May 8, 2010 election NIC CA
2010-07 3/8/10 Amends budget, FY 09-10 NIC CA
2010-08 3/8/10 Amends budget, FY 09-10 NIC CA
2010-09 4/26/10 Issues general obligation bonds, series
2010
NIC CA
2010-10 4/26/10 Amends zoning; setback from an existing
wellhead to a habitable structure.
Sec. 3 Oil and gas well drilling and
production
Sec. 14.02.262 CA
2010-11 4/26/10 Approves Harmony parkland transaction
swap
NIC CA
2010-12 4/26/10 Amends PD-27 NIC CA
2010-16 4/26/10 Calls public hearing to amend PD- 27,
known as The Highlands at Trophy Club
NIC CA
2010-13 5/17/10 Amends PD- 27, known as The Highlands NIC CA
2010-14 5/17/10 Canvasses general election NIC CA
2010-15 5/17/10 Amends fee schedule
Sec. 2 Parks and recreation Sec. A1.012 CA
2010-16 4/26/10 Amends PD-27 NIC CA
2010-17 7/19/10 Amends budget, FY 09-10 NIC CA
2010-18 7/19/10 Amends budget, FY 09-10 NIC CA
2010-19 8/2/10 Mobile homes, manufactured homes,
trailers
Sec. II Screening or enclosure of
commercial vehicles, boats and trailers
Sec. 3.08.072 CA
2010-20 8/2/10 Amends PD-21, in order to allow outdoor
display of propane
NIC CA
2010-21 9/13/10 Amends Ord. 2003-30 designating
official newspaper to Star -Telegram or
its affiliates
NIC CA
2010-22 9/20/10 Issuance of general obligation refunding
bonds, series 2010
NIC CA
2010-23 9/27/10 Accepts service and assessment plan for
authorized emergency services and
assessment roll for PID1
NIC CA
2010-24 9/27/10 Accepts update of the service and
assessment plan and updated assessment
roll for PID1
NIC CA
2010-25 9/27/10 Adopts budget, FY 10-11 NIC CA
2010-26 9/27/10 Tax levy, FY 10-11 NIC CA
2010-27 9/27/10 Amends tariffs of Atmos Energy
Corporation
NIC CA
2010-28 10/4/10 Amends PD-13; "Village" NIC CA
Town Council Page 1183 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-40
Ord. No. Date Description Disposition Supp.
No.
2010-29 10/18/10 Adds ch. 10, art. XIV, illegal smoking
products and materials
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment–Adoption of article
XIV of chapter X
Sec. 14.01 Definitions Sec. 8.07.001 CA
Sec. 14.02 Purpose–Restricted smoking
materials prohibited
Sec. 8.07.002 CA
Sec. 14.03 Sale, delivery, offer or gift Sec. 8.07.003 CA
Sec. 14.04 Use or possession of restricted
smoking material
Sec. 8.07.004 CA
Sec. 14.05 Use or possession of restricted
smoking paraphernalia
Sec. 8.07.005 CA
Sec. 14.06 Defenses to prosecution Sec. 8.07.006 CA
2010-30 12/6/10 Amends ch. 7, art. II, sec. 2.01,
appointments; appoints presiding judge
and alternate judges
NIC CA
2011-01 1/3/11 Adds ch. 1, art. XVI, citizens financial
advisory board
Rpld. by Ordinance adopting
Code
CA
2011-02 1/17/11 Amends ch. 10, art. II, sec. 2.03(B), stop
signs, adds subsecs. 166–170
Sec. 12.02.031(166)–(170) CA
2011-03 2/7/11 Adds ch. 1, art. XVII, code of ethics
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment–Adoption of article
XVII of chapter 1
2.01 Adopts art. XVII, code of ethics
Sec. 17.01 Policy; applicability Sec. 1.05.001 CA
Sec. 17.02 Principles of conduct Sec. 1.05.002 CA
Sec. 17.03 Definitions Sec. 1.05.003 CA
Sec. 17.04 Standards of conduct Sec. 1.05.004 CA
Sec. 17.05 Disclosure of interest Sec. 1.05.005 CA
Sec. 17.06 Ethics review commission Sec. 1.05.006 CA
Sec. 17.07 Disposition of alleged
violations
Sec. 1.05.007 CA
Sec. 17.08 Request for review Sec. 1.05.008 CA
Sec. 17.09 Culpable mental state Sec. 1.05.009 CA
Sec. 17.10 False complaints Sec. 1.05.010 CA
Sec. 17.11 Penalty Sec. 1.05.011 CA
2011-04 2/7/11 Amends budget, FY 10-11 NIC CA
2011-05 2/7/11 Amends budget, FY 10-11 NIC CA
2011-07 2/24/11 Amends ch. 1, art. VIII, fee schedule
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Amends ch. 1, sec. 8.04(T),
conditional use permit
Sec. A1.004(t) CA
2.02 Amends ch. 1, sec. 8.06, animal
control, subsecs. C., G.
C. Impound fee Sec. A1.006(c) CA
G. Euthanasia Sec. A1.006(g) CA
Town Council Page 1184 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-41
Ord. No. Date Description Disposition Supp.
No.
2011-07,
cont’d.
2.03 Amends ch. 1, sec. 8.07, emergency
medical service billing, amends subsecs.
I, J., K., L., X.X., E.E.E., O.O.O., adds
subsecs. A.A.A.A.–H.H.H.H.
I. ALS emergency mileage Sec. A1.007(9) CA
J. ALS non-emergency mileage Sec. A1.007(10) CA
K. BLS emergency mileage Sec. A1.007(11) CA
L. BLS non-emergency mileage Sec. A1.007(12) CA
X.X. Drug - Glucagon Sec. A1.007(50) CA
E.E.E. Drug - Naloxone Sec. A1.007(57) CA
O.O.O. Drug - Thiamine Sec. A1.007(67) CA
A.A.A.A. IV - Lorazepam/Ativan Sec. A1.007(79) CA
B.B.B.B. IV - Haldol/Haloperidol Sec. A1.007(80) CA
C.C.C.C. IV - Ondansetron/Zofran Sec. A1.007(81) CA
D.D.D.D. Nitroglycerin spray Sec. A1.007(82) CA
E.E.E.E. IV - Hydromorphone/Dilaudid Sec. A1.007(83) CA
F.F.F.F. IV - Hydralazine Sec. A1.007(84) CA
G.G.G.G IV - Bedesonide/Pulmicort Sec. A1.007(85) CA
H.H.H.H. IV - Amiodarone/Codarone Sec. A1.007(86) CA
2.04 Repeals ch. 1, sec. 8.12, community
pool, and adopts new sec. 8.12, parks
and recreation
Sec. A1.012 CA
2.05 Repeals ch. 1, sec. 8.15, parks and
recreation, and renumbers sec. 8.16 as
8.15
NIC CA
2011-08 2/24/11 Calls general election; calls special
election for legalization of sale of
alcoholic beverages for off-premise
consumption
NIC CA
2011-09 3/7/11 Amends budget, FY 10-11 NIC CA
2011-06 3/21/11 Disbands tree board and assigns its duties
to parks and recreation board
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Amends ch. 12, art. VIII, sec. 8.02,
parks and recreation board to serve as
tree board
Sec. 10.02.242 CA
2.02 Amends ch. 12, art. VIII, tree
preservation and removal; the term “tree
board” replaced by “board”
Sec. 8.04(A) Sec. 10.02.244(a) CA
Sec. 8.05(C) Sec. 10.02.245(c)(1) CA
Sec. 8.06(A)(1) Sec. 10.02.246(a)(1) CA
Sec. 8.07(A)(1) Sec. 10.02.247(a)(1) CA
Sec. 8.07(A)(2) Sec. 10.02.247(a)(2) CA
Sec. 8.08(C)(1)(c) Sec. 10.02.248(c)(3) CA
Sec. 8.08(G) Sec. 10.02.248(g) CA
Sec. 8.09(A)(6) Sec. 10.02.249(a)(6) CA
Sec. 8.10(A)(2) Sec. 10.02.250(a)(2) CA
Sec. 8.10(B)(2)(b) Sec. 10.02.250(b)(2)(B) CA
Sec. 8.10(B)(2)(c) Sec. 10.02.250(b)(2)(C) CA
Town Council Page 1185 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-42
Ord. No. Date Description Disposition Supp.
No.
2011-06,
cont’d.
Sec. 8.10(B)(2)(d) Sec. 10.02.250(b)(2)(D) CA
Sec. 8.12 Sec. 10.02.252 CA
2.03 Amends ch. 9, art. I, sec. 1.03,
powers and duties of the parks and
recreation board
Sec. 1.08.033 CA
2011-10 3/21/11 Amends ch. 3, art. VIII, International
Energy Conservation Code, sec. 8.01,
adoption
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 8.01 Adoption Sec. 3.03.301 CA
2011-11 4/4/11 Amends ch. 11, art, VI, sec. 6.05, runoff
from construction activity, subsection B.
responsibilities, first paragraph
Sec. 3.14.007(b)(1) CA
2011-12 4/4/11 Amends ch. 4, art. 1, flood damage
prevention
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
Sec. 1.01 Findings of fact Sec. 3.13.001 CA
Sec. 1.02 Statement of purpose Sec. 3.13.002 CA
Sec. 1.03 Methods of reducing flood
losses
Sec. 3.13.003 CA
Sec. 1.04 Definitions Sec. 3.13.004 CA
Sec. 1.05 General provisions Sec. 3.13.005 CA
Sec. 1.06 Administration Sec. 3.13.006 CA
Sec. 1.07 Provisions for flood reduction Sec. 3.13.007 CA
Sec. 1.08 Violations Sec. 3.13.008 CA
2011-13 4/4/11 Amends Ord. 2011-08, exhibits B and C,
general and special election
NIC CA
2011-14 4/4/11 Adds ch. 10, art. XV, special event
permit; amends ch. 5, sec. 4.05(E),
special purpose signs
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Adds ch. 10, art. XV, special event
permit
Sec. 15.01 Definitions Sec. 1.09.001 CA
Sec. 15.02 Permit required; exemptions Sec. 1.09.003 CA
Sec. 15.03 Application procedure Sec. 1.09.004 CA
Sec. 15.04 Special events coordinator Sec. 1.09.002 CA
Sec. 15.05 Permit fees and costs Sec. 1.09.005 CA
Sec. 15.06 Indemnification, insurance and
bonding
Sec. 1.09.006 CA
Sec. 15.07 Number of events, hours of
operation, and duration of event
Sec. 1.09.009 CA
Sec. 15.08 Event parking requirements Sec. 1.09.010 CA
Sec. 15.09 Miscellaneous Sec. 1.09.011 CA
Sec. 15.10 Denial or revocation Sec. 1.09.007 CA
Town Council Page 1186 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-43
Ord. No. Date Description Disposition Supp.
No.
2011-14,
cont’d.
Sec. 15.11 Appeals Sec. 1.09.008 CA
2.02 Amends ch. 5, art. IV, sec. 4.05(E),
special purpose signs
Sec. 3.09.065 CA
2011-15 4/18/11 Amends ch. 4, art. 1, sec. 1.05, subsec.
B., basis for establishing areas of special
flood hazard
Sec. 3.13.005(b) CA
2011-16 5/2/11 Amends ch. 1, art. XVI, sec. 16.03(A),
citizens financial advisory board
Rpld. by Ordinance adopting
Code
CA
2011-17 5/2/11 Amends ch. 13, zoning; sale of alcoholic
beverages for off-premises consumption
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Renames and renumbers ch. 13, sec.
3.02, classification of new and unlisted
properties, as sec. 3.03, use table
Sec. 14.02.103, title CA
Amends sec. 3.03, use table, subsec. G,
retail, to add classification for liquor
store
Sec. 14.02.103(g) CA
2.02 Amends ch. 13, sec. 5.02, sale of
alcoholic beverages, subsec. A,
definitions, adds definition of liquor
store
Sec. 14.02.252(a) CA
2.03 Amends ch. 13, sec. 5.02, sale of
alcoholic beverages, first paragraph of
subsec. F.3, compliance - on-premises
sale and consumption
Sec. 14.02.252(f)(3), first
paragraph
CA
2.04 Amends ch. 13, sec. 5.02, sale of
alcoholic beverages, adds subsec. F.4.,
compliance - off-premises consumption
Sec. 14.02.252(f)(4) CA
2.05 Amends ch. 13, sec. 5.02, sale of
alcoholic beverages, first paragraph of
subsec. G., criteria and processing of
SUP
Sec. 14.02.252(g), first
paragraph
CA
2.06 Repeals ch. 13, sec. 5.02, sale of
alcoholic beverages, subsec. G.8,
conditions of special use permit
NIC CA
2.07 Amends ch. 13, sec. 5.02, sale of
alcoholic beverages, adds subsection H.,
denial of SUP
Sec. 14.02.252(h) CA
2.08 Renumbers ch. 13, art. 5, sec.
5.02(H)–(L) as (I)–(M)
NIC CA
2011-18 5/2/11 Amends ch. 3, art. XV, swimming pools
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Amends secs. 15.02, applicability
and prohibited conduct, subsecs. A., E.
A. Sec. 3.07.003(a) CA
E. Sec. 3.07.003(e) CA
2.02 Amends sec. 15.04, subsec. I.,
draining of swimming pools
Sec. 3.07.067 CA
Town Council Page 1187 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-44
Ord. No. Date Description Disposition Supp.
No.
2011-18,
cont’d.
2.03 Amends sec. 15.04.K, clarity of
water, subsec. 5
Sec. 3.07.069(e) CA
2.04 Repeals sec. 15.04K, clarity of
water, subsec. 6
NIC CA
2011-19 5/23/11 Results of general election and special
election held on May 14, 2011
NIC CA
2011-20 5/23/11 Settlement with Oncor Electric Delivery
Company LLC
NIC CA
2011-21 6/6/11 Repeals and replaces ch. 10, art. V,
firearms
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
2.01 Amends ch. 10, art. V, discharge of
firearms and regulation of weapons
Sec. 5.01 Definitions Sec. 8.05.001 CA
Sec. 5.02 Discharge of firearms
prohibited
Sec. 8.05.002 CA
Sec. 5.03 Firearms dealers Sec. 4.01.001 CA
Sec. 5.04 Other weapons Sec. 8.05.003 CA
Sec. 5.05 Hunting Sec. 8.05.004 CA
2011-22 6/6/11 Adds sec. 2.01 to ch. 1, art. II, signature
authority of mayor and town manager
Sec. 1.02.001 CA
2011-23 6/20/11 Adds ch. 10, art. VII, sec. 7.1(C),
response to emergency; emergency
roadway access
Sec. 9.02.002 CA
2011-24 6/20/11 Adds ch. 3, art. XVIII, job site
maintenance
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Art. XVIII. Job site maintenance
Sec. 18.01 Definitions Sec. 3.04.002 CA
Sec. 18.02 Worksite cleanliness and
waste disposal
Sec. 3.04.003 CA
2011-25 6/20/11 Amends ch. 3, art. XVIII, job site
maintenance
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Art. XVIII. Job site maintenance
Sec. 18.01 Applicability Sec. 3.04.001 CA
Sec. 18.02 Definitions Sec. 3.04.002 CA
Sec. 18.03 Worksite cleanliness and
waste disposal
Sec. 3.04.003 CA
2011-26 7/18/11 Amends Ords. 2010-28, 2006-15, 2002-
23, 97-23, 97-16, 95-20, planned
development no. 13, exhibit C
NIC CA
2011-27 7/18/11 Amends Ords. 2010-20, 2010-14, 99-17,
planned development no. 21, exhibit C
NIC CA
2011-28 8/1/11 Adopts new rates with Atmos Mid-Tex NIC CA
2011-29 8/15/11 Amends budget, FY 10-11 NIC CA
2011-30 9/12/11 Amends ch. 10, art. II, sec. 2.02(B), speed
of vehicles
Sec. 12.03.042 CA
Town Council Page 1188 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-45
Ord. No. Date Description Disposition Supp.
No.
2011-37 10/17/11 Amends ch. 10, art. II, sec. 2.03(B), stop
signs, adds subsecs. 171–185
Sec. 12.02.031(171)–(185) CA
2011-38 10/17/11 Amends ch. 1, art. VIII, fee schedule
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Amends ch. 1, sec. 8.03, community
development department, subsec. C.,
building (new construction residential
and commercial), by adding subsecs. 1
and 2
1. Commercial deposit Sec. A1.003(c)(1) CA
2. Residential deposit Sec. A1.003(c)(2) CA
2.02 Amends ch. 1, sec. 8.03, community
development department, subsec. N.,
other inspections and fees
Sec. A1.003(n) CA
2.03 Amends ch. 1, sec. 8.10, municipal
court
Sec. A1.010 CA
2011-39 11/14/11 Amends ch. 10, art. 2, sec. 2.05(E),
overnight parking
Sec. 12.04.008 CA
2012-01 1/23/12 Adds ch. 11, art. V, stormwater drainage
fees
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
Sec. 5.01 Definitions Sec. 13.03.031 CA
Sec. 5.02 Findings and determinations Sec. 13.03.032 CA
Sec. 5.03 Stormwater drainage utility fees
schedule
Sec. 13.03.033 CA
Sec. 5.04 Billing, payment, and penalties Sec. 13.03.034 CA
Sec. 5.04 Adjustment of fees Sec. 13.03.035 CA
Sec. 5.06 Stormwater drainage utility
fund
Sec. 13.03.036 CA
Sec. 5.07 Exemption clause Sec. 13.03.037 CA
2012-02 1/23/12 Amends Ords. 2011-27, 2010-20, 2000-
14, 99-17, planned development no. 21,
exhibit C
NIC CA
2012-03 1/23/12 Repeals Ord. 1999-15, abandons specific
real estate
NIC CA
2012-04 1/26/12 Rezoning NIC CA
2012-05 2/20/12 Abandons utility easement NIC CA
2012-06 3/5/12 Joint general election between town and
Municipal Utility District No. 1
NIC CA
2012-07 3/19/12 Designates no parking zone Sec. 12.04.003(7) CA
2012-08 3/19/12 Amends budget, FY 11-12 NIC CA
2012-09 5/7/12 Amends ch. 10, art. XV, special events
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
2.01 Amends sec. 15.01, definitions Sec. 1.09.001 CA
2.02 Amends sec. 15.02, permit
required/exemptions, subsecs. B., C.
B. Events exempt from permit Sec. 1.09.003(b) CA
C. Events requiring special approval Sec. 1.09.003(c) CA
Town Council Page 1189 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-46
Ord. No. Date Description Disposition Supp.
No.
2012-09,
cont’d.
2.03 Amends sec. 15.03, application
procedure, subsecs. A.1, 4, 11, 12, 14, C
A.1 Sec. 1.09.004(a)(1) CA
A.4 Sec. 1.09.004(a)(4) CA
A.11 Sec. 1.09.004(a)(11) CA
A.12 Sec. 1.09.004(a)(12) CA
A.14 Sec. 1.09.004(a)(14) CA
C. Sec. 1.09.004(c) CA
2.04 Amends sec. 15.04, special events
coordinator, subsec. 1.
Sec. 1.09.002(1) CA
2.05 Amends sec. 15.05, permit fees and
costs, subsec. B, reimbursable costs
Sec. 1.09.005(b) CA
2.06 Amends sec. 15.06, indemnification,
insurance, and bonding, subsec. B,
insurance and bonding required
Sec. 1.09.006(b) CA
2.07 Amends sec. 15.09, miscellaneous,
subsecs. B., F., G. H.
B. Amusement rides Sec. 1.09.011(b) CA
F. Water service Sec. 1.09.011(f) CA
G. Solid waste collection and disposal Sec. 1.09.011(g) CA
H. Loudspeakers Sec. 1.09.011(h) CA
2.08 Amends sec. 15.10, denial or
revocation, subsecs. A.1, 6, B.
A. Permit denial
1. Sec. 1.09.007(a)(1) CA
6. Sec. 1.09.007(a)(6) CA
B. Notice of denial Sec. 1.09.007(b) CA
2.09 Amends ch. 5, art, IV, sec. 4.05,
temporary signs, subsec. E.1.b,
informational and directional signs
Sec. 3.09.065(1)(B) CA
2012-10 5/7/12 Adds ch. 10, art. II, sec. 2.02(D), speed of
vehicles in temporary construction or
maintenance zones
NIC (per Ordinance adopting
Code)
CA
2012-11 5/21/12 Canvasses general election NIC CA
2012-12 5/21/12 Repeals and replaces ch. 1, sec. 8.12, park
fees
Sec. A1.012 CA
2012-13 5/21/12 Thirty-six hour time limit for providing
public information
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Adds ch. 1, sec. 13.02; 36 hour
time limit
Sec. 1.07.062 CA
Sec. 2.02 Adds ch. 1, sec. 8.14(m);
personnel charges in excess of 36 hours
Sec. A1.013 CA
2012-14 6/18/12 Noise nuisances
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
Sec. 2.01 Amends ch. 8, sec. 1.01(A)(6);
construction activities
Sec. 8.02.003(a)(6) CA
Town Council Page 1190 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-47
Ord. No. Date Description Disposition Supp.
No.
2012-14,
cont’d.
Sec. 2.02 Amends ch. 8, sec. 1.01(A)(8);
operation of heavy equipment, trucks, or
machinery
Sec. 8.02.003(a)(8) CA
Sec. 2.03 Renumbers ch. 8, sec.
1.01(A)(9) to (10) and adds a new
subsec. (9); prohibits construction work
on certain holidays
Sec. 8.02.003(a)(9) CA
Sec. 2.04 Amends “town planning and
zoning director” with “community
development director”
Rpld. by Ordinance adopting
Code
CA
2012-15 8/20/12 Orders special election NIC CA
2012-16 9/4/12 Issuance of tax notes, series 2012 NIC CA
2012-17 9/4/12 Amends refuse, recyclable and hazardous
waste materials
Sec. 1 Incorporation of preamble NIC CA
Sec. 2 Amendments
Sec. 2.01 Amends ch. 11, sec. 1.01;
definition of “construction debris”
Sec. 13.02.001 CA
Sec. 2.02 Amends ch. 11, sec. 1.01;
definition of “refuse container”
Sec. 13.02.001 CA
Sec. 2.03 Amends ch. 11, sec. 1.02(E);
duties of residential customer
Sec. 13.02.002(5) CA
Sec. 2.04 Amends ch. 11, sec. 1.03;
residential collection of brush
Sec. 13.02.003 CA
Sec. 2.05 Amends ch. 11, sec. 1.06;
removal of construction debris
Sec. 13.02.006 CA
Sec. 2.06 Amends ch. 11, sec. 1.09(F);
prohibited acts
Sec. 13.02.009(f) CA
2012-18 9/10/12 Amends budget, FY 2012 NIC CA
2012-19 9/24/12 Amends zoning definitions; adds
definition of “bank or financial
institution”
Sec. 14.02.052 CA
2012-20 9/24/12 Accepting and approving an update of
service and assessment plan and updated
assessment roll for PID1
NIC CA
2012-21 9/24/12 Accepting and approving an update of
service and assessment plan and updated
assessment roll for PID1 emergency
services
NIC CA
2012-22 9/24/12 Adopts budget for economic development
corporation 4A, FY 12-13
NIC CA
2012-23 9/24/12 Adopts budget for economic development
corporation 4B, FY 12-13
NIC CA
2012-24 9/24/12 Adopts budget, FY 12-13 NIC CA
2012-25 9/24/12 Tax levy, TY 2013 NIC CA
2012-26 11/19/12 Canvasses sales tax election returns NIC CA
2012-27 12/10/12 Adopts International Building Code, 2009
edition
Sec. 1 Incorporation clause NIC CA
Town Council Page 1191 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-48
Ord. No. Date Description Disposition Supp.
No.
2012-27,
cont’d.
Sec. 2 Repeals ch. 3, art. III in its entirety;
adopts exhibit A; adoption and
amendments
Secs. 3.03.051, 3.03.052 CA
2012-28 12/10/12 Adopts International Residential Code,
2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. IV in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.101, 3.03.102 CA
2012-29 12/10/12 Adopts International Plumbing Code,
2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. VII in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.251, 3.03.252 CA
2012-30 12/10/12 Adopts International Mechanical Code,
2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. VI in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.201, 3.03.202 CA
2012-31 12/10/12 Adopts International Energy
Conservation Code, 2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. VIII in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.301, 3.03.302 CA
2012-32 12/10/12 Adopts International Fire Code, 2009
edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. IX in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.451, 3.03.452 CA
2012-33 12/10/12 Adopts International Fuel Gas Code,
2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Adds art. XVIII; adopts exhibit A;
adoption and amendments
Secs. 3.03.401, 3.03.402 CA
2012-34 12/10/12 Adopts International Property
Maintenance Code, 2009 edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. XVI in its
entirety; adopts exhibit A; adoption and
amendments
Secs. 3.03.351, 3.03.352 CA
2012-35 12/10/12 Adopts National Electrical Code, 2011
edition
Sec. 1 Incorporation clause NIC CA
Sec. 2 Repeals ch. 3, art. V in its entirety;
adopts exhibit A; adoption and
amendments
Secs. 3.03.151, 3.03.152 CA
2012-36 12/10/12 Designates municipal court judge NIC CA
Town Council Page 1192 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-49
Ord. No. Date Description Disposition Supp.
No.
2012-37 12/10/12 Adds ch. 10, sec. 2.02(B)(6), (7), speed
limits
Sec. 12.03.042(6), (7) CA
2012-38 12/10/12 Rezoning NIC CA
2012-39 12/10/12 Amends budget, FY 2013 NIC CA
2013-01 1/7/13 Amends ch. 10, sec. 2.03(B), stop signs Sec. 12.02.031(186)–(214) CA
2013-02 1/7/13 Amends budget, FY 2013 NIC CA
2013-03 1/21/13 Amends budget 4B development
corporation, FY 2013
NIC CA
2013-04 2/4/13 Amends ch. 10, sec. 2.05(B)(1)(g) and (h)
and renumbers following subsections,
prohibited parking zones
Sec. 12.04.003 CA
2013-05 2/25/13 Amends Ords. 2012-02, 2011-27, 2010-
20, 2010-14, 99-17, planned
development no. 21, exhibit C
NIC CA
2013-06 2/25/13 Calls general and charter election NIC CA
2013-07 3/1/13 Amends Ord. 2013-06; general and
charter election
NIC CA
2013-08 3/4/13 Rezoning NIC CA
2013-09 3/4/13 Rezoning NIC CA
2013-10 3/4/13 Amends parks and recreation
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Amends ch. 9, sec. 1.01;
definitions
Sec. 1.08.031 CA
Sec. 2.02 Renumbers art. II from “Trophy
Club Park” to art. III
Sec. 2.03 Adds new art. II; park
regulations
2.01 Park property generally–Prohibited
acts
Sec. 1.08.061 CA
2.02 Vehicular regulations–Prohibited
acts
Sec. 1.08.062 CA
2.03 Roller skates, roller blades, in-line
skates, skateboards, coasters, scooters
and bicycles–Regulations and
prohibitions
Sec. 1.08.063 CA
2.04 Use of tobacco products Sec. 1.08.064 CA
2.05 Unshelled nuts and seeds Sec. 1.08.065 CA
2.06 Freedom Dog Park–Regulations and
prohibitions
Sec. 1.08.066 CA
2.07 Exemptions Sec. 1.08.067 CA
2013-11 4/22/13 Adds ch. 10, sec. XIV; motorized carts
14.01 Applicability; exemptions Sec. 12.07.001 CA
14.02 Definitions Sec. 12.07.002 CA
14.03 Operational regulations Sec. 12.07.003 CA
14.04 Equipment regulations–operation
of a motorized cart
Sec. 12.07.004 CA
14.05 Permits and cart operation stickers Sec. 12.07.005
App. A, sec. A1.011
CA
2013-12 5/21/13 Canvasses special election results
Town Council Page 1193 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-50
Ord. No. Date Description Disposition Supp.
No.
2013-13 5/20/13 Amends drought contingency plan
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
Sec. 2.01 Combines ch. 11, secs. 9.01 and
9.02; declaration of policy, purpose and
intent; applicability
Sec. 1.10.091 CA
Sec. 2.02 Adds ch. 11, sec. 9.02; policy
statement/year round water management
and conservation requirements
Sec. 1.10.092 CA
2013-14 –/–/13 Approves rate review mechanism for
Atmos
NIC CA
2013-15 5/21/13 Adopts home rule charter amendments
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Proposition 3; qualifications for
council
Charter, sec. 3.02(a)(1) CA
Sec. 2.02 Proposition 4; qualifications for
council; vacancies, forfeiture of office,
filling of vacancies
Charter, secs. 3.02(b), 3.04(b) CA
Sec. 2.03 Proposition 5 repeals sec. 3.06A
and amends sec. 3.06; mayor
Charter, sec. 3.06 CA
Sec. 2.04 Proposition 6; emergency
ordinances
Charter, sec. 3.17 CA
Sec. 2.05 Proposition 7; investigative
powers of the council
Charter, sec. 3.19 CA
Sec. 2.06 Proposition 8; indemnification
of officers
Charter, sec. 3.21 CA
Sec. 2.07 Proposition 9; powers and
duties of town manager
Charter, sec. 4.05(f) CA
Sec. 2.08 Proposition 10; powers and
duties; town manager, town secretary
Charter, secs. 4.05(o), 4.08(e) CA
Sec. 2.09 Proposition 11; municipal court Charter, sec. 4.10 CA
Sec. 2.10 Proposition 12; clerk of the
court
Charter, sec. 4.12 CA
Sec. 2.11 Proposition 13; canvassing and
election returns
Charter, sec. 5.06 CA
Sec. 2.12 Proposition 14; repeals sec.
6.01 and amends sec. 6.01A; scope of
recall
Charter, sec. 6.01A,
introductory paragraph
CA
Sec. 2.13 Proposition 15; capital program,
submission to council
Charter, sec. 9.08(a) CA
Sec. 2.14 Proposition 16; rearrangement
and renumber
Charter, sec. 11.12 CA
Sec. 2.15 Proposition 17; charter review
commission
Charter, sec. 11.15 CA
Sec. 2.16 Proposition 18; number,
selection, term; elections
Charter, secs. 3.01, 5.01 CA
2013-16 5/20/13 Vacates parkway NIC CA
2013-17 8/5/13 Combination tax and revenue certificates
of obligation
NIC CA
2013-18 8/5/13 Rezoning NIC CA
Town Council Page 1194 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-51
Ord. No. Date Description Disposition Supp.
No.
2013-19 8/5/13 Animal shelter advisory board
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Creation of advisory committee;
members
Sec. 2.04.001 CA
Sec. 3 Terms Sec. 2.04.002 CA
Sec. 4 Staff liaison Sec. 2.04.003 CA
Sec. 5 Duties Sec. 2.04.004 CA
Sec. 6 Meetings Sec. 2.04.005 CA
Sec. 7 Responsibilities of staff liaison Sec. 2.04.006 CA
2013-20 8/12/13 Orders special election; councilmember NIC CA
2013-21 8/19/13 Rezoning NIC CA
2013-22 8/19/13 Amends ch. 10, sec. 2.02(B)(7), speed
limits
Sec. 12.03.042 (7) CA
2013-23 8/19/13 Designates reinvestment zone 1 NIC CA
2013-24 9/3/13 Amends ch. 1, sec. 8.11; fees for
concealed handgun license class
Sec. A1.011(l) CA
2013-26 9/3/13 Amends ch. 1, sec. 8.12(B); park and
recreation fees
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Amends Trophy Club Park
entry rates
Sec. A1.012(e) CA
Sec. 2.02 Amends community pool fees Sec. A1.012(f) CA
2013-27 9/3/13 Amends ch. 1, sec. 8.03; community
development fees
Sec. A1.003 CA
2013-28 9/9/13 Community development fees
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment
Sec. 2.01 Amends sec. 8.03(C); plan
review fees
Sec. A1.003(c)(4), table 1,
table 2
CA
Sec. 2.02 Amends sec. 8.03(D);
certificate of occupancy
Sec. A1.003(d) CA
Sec. 2.03 Amends sec. 8.03(F); contractor
registration
Sec. A1.003(f) CA
Sec. 2.04 Amends sec. 8.03(K); grading
permit
Sec. A1.003(k) CA
Sec. 2.05 Amends sec. 8.03(L); health
permits
Sec. A1.003(l) CA
2013-29 8/12/13 Amends Ord. 2013-20; orders special
election; councilmember
NIC CA
2013-30 9/9/13 Adopts updated service and assessment
plan (PID 1)
NIC CA
2013-31 9/23/13 Tax levy, FY 13-14 NIC CA
2013-32 9/23/13 Adopts service and assessment plan
emergency services (PID 1)
NIC CA
2013-33 9/23/13 Adopts budget, FY 13-14 NIC CA
2013-34 9/23/13 Adopts budget, economic development
corporation, FY 13-14
NIC CA
2013-35 9/23/13 Amends budget, FY 2012-2013 NIC CA
2013-36 10/7/13 Amends ch. 1, sec. 14.04(A); designation
of records management officer
Sec. 1.07.034 CA
Town Council Page 1195 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-52
Ord. No. Date Description Disposition Supp.
No.
2013-37 10/7/13 Amends Ord. 2013-19, sec. 2; members
of animal shelter advisory board
Sec. 2.04.001 CA
2013-38 10/7/13 Approves negotiated resolution with
Atmos
NIC CA
2013-39 10/21/13 Amends PD 21; electronic cigarette
supplies store
NIC CA
2013-40 10/21/13 Amends ch. 1, sec. 8.01; deferred
disposition administrative fees
Sec. A1.010(i) CA
2013-41 11/18/13 Canvasses election returns NIC CA
2013-42 11/18/13 Amends animal control
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Amends ch. 2, sec. 1.20(A)(1);
owner identification and rabies tags
Sec. 2.01.019(a) CA
Sec. 2.02 Amends ch. 1, sec. 8.06; deletes
$5.00 fee for registration of animals
Sec. A1.006 CA
2014-01 2/3/14 Approves project and financing plan for
reinvestment zone 1
NIC CA
2014-02 2/17/14 Calls general and special election NIC CA
2014-03 2/26/14 Amends Ord. 2014-02; calling general
and special election
NIC CA
2014-04 2/26/14 Calls bond election NIC CA
2014-05 3/3/14 Amend budget, FY 2013-2014 NIC CA
2014-06 3/3/14 Amends PD 30; Shops at Trophy Club NIC CA
2014-07 3/17/14 Amends ch. 1, sec. 8.11; home firearms
safety class fee
Sec. A1.011(m) CA
2014-08 4/7/14 Combination tax and revenue certificates
of obligation, series 2014
NIC CA
2014-09 4/21/14 Reinvestment Zone No. 1 NIC CA
2014-10 4/7/14 Town council rules of procedure
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendment; adopts exhibit A
Sec. 6.01 Rules of procedure
A. Authority Sec. 1.03.031 CA
B. General rules Sec. 1.03.032 CA
C. Types of meetings Sec. 1.03.033 CA
D. Chairman and duties Sec. 1.03.034 CA
E. Order of business Sec. 1.03.035 CA
F. Consideration of ordinances,
resolutions and motions
Sec. 1.03.036 CA
G. Rules of decorum Sec. 1.03.037 CA
H. Parliamentary motions and precedence Sec. 1.03.038 CA
I. Creation of boards, commissions,
corporations and other appointed bodies
Sec. 1.03.039 CA
2014-14 6/16/14 Amends ch. 1, sec. 6.01; town council
rules of procedure, types of meetings
and agenda
Secs. 1.03.033(a), 1.03.035(a) CA
2014-15 6/16/14 Amends ch. 10, sec. 4.05; approved times
for solicitation
Sec. 4.03.003 CA
Town Council Page 1196 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-53
Ord. No. Date Description Disposition Supp.
No.
2014-16 6/16/14 Amends ch. 1, sec. 8.16; public works for
public improvement district 1 fee
schedule
Sec. A1.014 CA
2014-17 7/22/14 Deletes ch. 6, sec. 2.12; snow cone
establishments
NIC CA
2014-18 7/22/14 Amends budget, FY 13-14 NIC CA
2014-19 7/22/14 Amends Ord. 2014-29; Reinvestment
Zone No. 1
NIC CA
Sec. 1 Incorporation of premises NIC CA
Sec. 2 Amendments
Sec. 2.01 Amends ch. 10, sec. 4.01;
definitions
Sec. 4.03.001 CA
Sec. 2.02 Amends ch. 10, sec. 4.02(G)(5);
commercial solicitation prohibited
conduct
Sec. 4.03.037(5) CA
Sec. 2.03 Amends ch. 10, sec. 4.06; adds
do not solicit/no knock list
Sec. 4.03.004 CA
Sec. 2.04 Amends ch. 10, sec. 4.07;
penalty
Sec. 4.03.002 CA
2014-22 8/12/14 Amends ch. 1, sec. 16.02; citizens
financial advisory board terms
Rpld. by Ordinance adopting
Code
CA
2014-23 8/12/14 Calls special election to fill vacant
council seat
NIC CA
2014-24 8/26/14 Amends Ordinance 2013-19, sec. 3;
animal shelter advisory board staggered
terms
Sec. 2.04.002 CA
2014-25 8/26/14 Issuance and sale of tax notes, series 2014 NIC CA
2014-26 9/9/14 Accepts service and assessment plan for
PID 1
NIC CA
2014-27 9/15/14 Amends budget, FY 13-14 NIC CA
2014-28 9/23/14 Adopts budget, FY 14-15 NIC CA
2014-29 9/23/14 Accepts service and assessment plan for
emergency services PID 1
NIC CA
2014-30 9/23/14 Adopts economic development budget,
FY 14-15
NIC CA
2014-31 9/23/14 Tax levy, TY 14-15 NIC CA
2014-32 9/23/14 Amends ch. 1, sec. 8.16; adds annual
capital improvements and maintenance
fee (PID 1)
Sec. A1.014 CA
2014-33 10/14/14 Amends sec. 2.04(B); food establishment
permits and exceptions
Sec. 4.06.041 CA
2014-34 10/28/14 Amends ch. 10, sec. 2.02(B)(6); school
zone Trophy Club Dr.
Sec. 12.03.042(6) CA
2014-35 11/13/14 Canvasses special election returns
(councilmember)
NIC CA
2014-36 11/13/14 Amends Ord. 2007-15; PD-27; The
Highlands at Trophy Club
NIC CA
2014-38 11/25/14 Repeals Ord. 2014-09 and 2014-19; TIRZ
2
NIC CA
2014-40 11/25/14 TMRS; increase in retirement annuities NIC CA
Town Council Page 1197 of 1236 Meeting Date: February 9, 2016
Trophy Club Code of Ordinances Appendix C: Ordinance Disposition Table
Appendix C-54
Ord. No. Date Description Disposition Supp.
No.
2015-41 11/13/15 Amends charter, sec. 9.02; budget
submission
Charter, sec. 9.02 CA
2015-43 12/8/15 Amends clerical errors in charter
Sec. 2.01 Amends sec. 4.08; duties of the
town secretary
Charter, sec. 4.08 CA
Sec. 2.02 Renumbers and reorders sec.
9.04; budget
Charter, sec. 9.04 CA
Sec. 2.03 Corrects grammatical error in
sec. 11.15; charter review commission
Charter, sec. 11.15 CA
Town Council Page 1198 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
GENERAL:
1. The numbering system to be used in the new code is a three-part system. The first
number indicates the chapter number. The second indicates the article number
within that chapter. The third number indicates the section number within that
article and chapter. As an example, section 3.05.008 would be the eighth section in
chapter 3, article 3.05.
2. The new code includes a history of amending ordinances at the end of every
section.
3. The codifier does not capitalize terms such as “town” and other definitions and
titles. This is their standard format.
4. The draft prepared for adoption is current through the end of calendar year 2014.
5. The Town is in two counties: Denton and Tarrant. The term “Denton County” has
been revised in the following sections:
• Sec. 3.05.005(3).
• Sec. 3.07.005(c).
• Sec. 5.02.003(a)(5).
• Sec. 6.05.006 (renumbered as 8.09.006 in the draft prepared for adoption).
• Sec. 9.05.033(a)(5).
• Sec. 10.02.032,
• Sec. 10.02.061(a)(3).
• Sec. 13.03.033(b).
• Sec. 13.05.017.
• Sec. A1.004(oo)
• Section 1.08.061(8)
6. In the completed version of the code, a general penalty provision has been
included in the first chapter and contains current penalty amounts as authorized by
state law. Centralizing the penalty provision is done for ease of reference. Also,
should the Texas Legislature revise the allowable penalty amounts, only this one
section of the code would be in need of revision, thus providing a savings on the
cost of supplementing the code.
7. Revisions have been made throughout the code where necessary to update the
name(s) of any state or federal commissions, agencies, etc. References
throughout the code to “city” when referring to the Town of Trophy Club have been
revised to “Town,” without notation when appropriate.
Summary of Amendments to Code of Ordinances Page 1 of 12 Town Council Page 1199 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
8. Revisions were made throughout the code where necessary to update references
to state and federal law.
9. Ordinances making initial appointments to boards or positions been omitted from
the code.
10. In some instances it was discovered that a word or phrase appeared to be missing
in the original code provision or ordinance. Where the missing language was
obvious, it has been included and has been bracketed. Further, in cases where
language had been bracketed in the prior code, these brackets have been
removed.
11. Materials in the new code will be organized according to the following chapter
arrangement:
• Home Rule Charter
• Chapter 1: General Provisions
• Chapter 2: Animal Control
• Chapter 3: Building Regulations
• Chapter 4: Business Regulations
• Chapter 5: Fire Prevention & Protection
• Chapter 6: Health & Sanitation
• Chapter 7: Municipal Court
• Chapter 8: Offenses & Nuisances
• Chapter 9: Personnel
• Chapter 10: Subdivision Regulation
• Chapter 11: Taxation
• Chapter 12: Traffic & Vehicles
• Chapter 13: Utilities
• Chapter 14: Zoning
• Appendix A: Fee Schedule
• Appendix B: Code Comparative Table
• Appendix C: Ordinance Disposition Table
• Code Index
12. The following is some minor rearranging of the code:
• Article 5.03 Fire Code has been moved to article 3.03 with the other technical
and construction codes.
• Article 6.04 Food Establishments has been moved to chapter 4 Business
Regulations.
• Article 6.05 Weeds, Refuse and Other Objectionable Matter has been moved to
chapter 8 Offenses and Nuisances.
• Article 4.06 Oil and Gas Regulations has been moved to article 14.03 of the
zoning chapter.
Summary of Amendments to Code of Ordinances Page 2 of 12 Town Council Page 1200 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
• Article 13.04 Water Conservation and Drought Response has been moved to
an article in chapter 1 entitled Environmental Protection.
13. The following ordinances that were not included in the 2006 Code have been
added to the draft prepared for adoption:
• Ordinance 98-28 raised the penalty for many ordinances adopted by the Town
but this was not incorporated in Ordinances 86-07 (single-family residence
licensing), 86-06 (apartment complex licensing) and 85-19 (septic tanks,
cesspools and privies).
• Ordinance 2005-28 pertaining to motor-assisted scooters, pocket bikes and
mini-motorbikes was added as article 12.06.
• Ordinance 2008-31 pertaining to locally enforced motor vehicle idling limitations
was added as section 12.01.005.
14. All references throughout the code to Marshall Creek Park have been changed to
Trophy Club Park.
HOME RULE CHARTER:
15. The charter is included in the existing Code as article 1 of chapter 1. The
numbering in the original Charter was changed by the Codifier. The numbering will
be changed back to that adopted. For example, provisions now numbered as
Section 5.00 will be Article V. NOTE: We have notified the Codifier that this
change has not been made in the current draft.
16. The history notes in the Charter have been changed to be consistent with the
history notes in the rest of the Code.
CHAPTER 1 – GENERAL PROVISIONS:
17. Ordinance 2011-01 (as amended), Citizens Financial Advisory Board. Since this
ordinance was subsequently repealed by Ordinance 2015-25, it was not
incorporated in the current draft for adoption.
18. Sec. 1.08.062 (renumbered to 1.08.092 in the draft prepared for adoption), Hours
open to the public; signage. The code contained incorrect hours. Changes sent by
the staff and set forth below are incorporated into this section. This is a
substantive change to make the hours of operation consistent with current
operational guidelines:
Summary of Amendments to Code of Ordinances Page 3 of 12 Town Council Page 1201 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
Park Operational Hours
Season Days Park Opens Park Closes
Summer Monday through
Sunday
6:00 a.m.
8:00 p.m.
Parts of
Fall/Spring
Monday through
Sunday
6:00 a.m.
7:00 p.m.
Winter Monday through
Sunday
6:00 a.m.
6:00 p.m.
Park ORV/OHV Operational Hours
Season Days Park Opens From (OHV) To (OHV) Park
Closes
Summer Monday
through
Sunday
6:00 a.m.
8:00 a.m.
8:00 p.m.
8:00 p.m.
Parts of
Fall/Spring
Monday
through
Sunday
6:00 a.m.
8:00 a.m.
7:00 p.m.
7:00 p.m.
Winter Monday
through
Sunday
6:00 a.m.
8:00 a.m.
6:00 p.m.
6:00 p.m.
CHAPTER 2 – ANIMAL CONTROL:
19. All references to “Animal Control Department” have been replaced with “Animal
Control Services or Division.”
20. Sec. 2.01.001, Definitions. In order to comply with state law, the definitions for
“dangerous dog” and “harboring or harboring of animal” were amended.
21. Sec. 2.01.003, Enforcement. Animal Control - Subsection (a) has been clarified to
state that the Town has enforcement authority and it expanded the enforcement
authority given to the local rabies control authority to a designee. This is a
substantive change that is consistent with the Town’s use of outside animal control
contractors:
(a) Generally. Enforcement of this chapter shall be the responsibility of the
Summary of Amendments to Code of Ordinances Page 4 of 12 Town Council Page 1202 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
town, including without limitation, the local rabies control authority and his
designee.
22. Sec. 2.02.001, Generally. Impoundment of Animals - Subsection (f)(7) has been
added to read as follows: “For the purposes of this section, an owner shall
include a person who is harboring an animal.”
23. Sec. 2.02.002, Release of unvaccinated animals. This section has been partially
amended to correct a typographical error in the second sentence to make the
written number consistent with the numeral in parenthesis.
24. Sec. 2.03.007, Offenses. Subsection (a) has been partially amended to read: “A
person commits an offense if the person violates section 2.03.043(a)(b), section
2.03.045, or section 2.03.003(a) or (b) of this chapter.”
25. Sec. 2.03.008, Civil penalty. Subsection (a) has been amended to read: “A person
who violates section 2.03.042(a) 2.03.002(a) is liable for a civil penalty of not less
than two hundred dollars ($200.00) and not more than two thousand dollars
($2,000.00) for each animal with respect to which there is a violation and for each
day the violation continues.” This change corrects a typographical error.
CHAPTER 3 – BUILDING REGULATIONS:
26. Sec. 3.02.001, Appointment. This section has been amended to read as follows;
this is a substantive change consistent with the Town’s form of government:
The town council manager or designee may by motion appoint a person to be the
building official and/or code enforcement officer for the town and appoint such
other assistants to the building official and/or code enforcement officer as the
town council deems deemed expedient or necessary.
27. Sec. 3.02.002, Authority. This section has been amended to read as follows; this
change adds language to provide specific legal authority for enforcement of all
ordinances by the building official and code enforcement officer. This is a
substantive change; however, it is consistent with current practice. It also removes
the reference to “uniform” codes.
The building official and/or code enforcement officer so appointed shall have the
power and authority to enforce the town building, electrical and mechanical
codes, the town uniform building code standards, the town uniform code for the
abatement of dangerous structures, the town uniform housing code, and all other
codes, ordinances and regulations of the town which concern building,
construction, housing or related other development activities. The building official
and/or code enforcement officer shall have such other authority for administration
Summary of Amendments to Code of Ordinances Page 5 of 12 Town Council Page 1203 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
and enforcement of town ordinances and regulations as adopted via town
ordinance or as otherwise directed by the town manager or designee.
28. Sec. 3.03.053, Amendments (renumbered as 3.03.052 in the draft prepared for
adoption). The language in subsection (8) amending section 105.2 of the
International Building Code, was duplicative of that in subsection (4) and has been
deleted.
29. Sec. 3.03.102, Amendments. The amendments to subsection (10) (amended by
Ordinance 2012-28), the climatic and geographic design criteria has been
corrected to read:
Climatic and Geographic Design Criteria
GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN
CATEGORYf
SPEEDd
(mph)
Topographic
Effectsk
5 90
SUBJECT TO DAMAGE FROM
Weatheringa Frost line depthb Termitec
12 VH
WINTER
DESIGN
TEMPe
ICE BARRIER
UNDER-
LAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
30. Sec. 3.03.202, Amendments. In the local amendment to section 504.6.1, no text
was set out. The mechanical code amendments were amended by Ordinance
2012-30; so there are no local amendments to section 504.6.1 in the new
ordinance.
31. Sec. 3.06.001, Definitions. The reference to the “the Uniform Building Code, 1991
edition, as adopted by Ordinance No. 92-04A” has been revised to “the currently
adopted editions of the building codes.”
32. Sec. 3.06.004, Appeals. This section has been amended to refer appeals to the
Town Manager or designee and to change the staff designation to building official.
NOTE: We have notified the Codifier that this change has not been made in the
current draft.
Summary of Amendments to Code of Ordinances Page 6 of 12 Town Council Page 1204 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
33. Sec. 3.06.007, Compliance with Uniform Building Code. This section provides that
the “Uniform Building Code, as adopted by the town” is applicable to replacement
of roofs. This is not the currently adopted building code and the reference has
been changed to “the currently adopted editions of the building codes.”
34. Sec. 3.07.007, Appeals, Sec. 3.09.010, Meritorious exceptions and appeals, and
Sec. 3.14.004, Administration and enforcement. These sections have been
amended to change specific staff designees to the “Town manager or designee.”
35. Sec. 3.11.006, Display of license; replacement license; transfer. A typographical
error has been corrected so that it is clear that the regulations in this section apply
to single family residences.
36. Sec. 3.14.004, Administration and enforcement, Subsection (a)(1)(A). Staff
designation has been amended to Town Manager or designee and legal reference
has been changed to CFR (“Code of Federal Regulations”) rather than the Code of
Ordinances.
CHAPTER 4 – BUSINESS REGULATIONS:
37. Sec. 4.02.044, Appeals, Sec. 4.03.075, Appeals. This section has been amended
to change specific staff designees to the “Town manager or designee.”
38. Sec. 4.03.001, Definitions. The definition of “charitable solicitations and charitable
solicitations campaign” has been amended to correct a typographical error.
39. Sec. 4.03.103, Proof of registration. Subsection (b)(2) has been amended to
correct a typographical error.
40. Sec. 4.04.002, Definitions. The definition of “adult arcade” was amended to correct
a typographical error and the definition of “semi-nude” has been amended to add
an omitted word “no”.
41. Sec. 4.04.033, Fee. The fee for a sexually oriented business license has been
increased to $1,000.00 to be consistent with state law.
CHAPTER 5 – FIRE PREVENTION AND PROTECTION:
42. Sec. 5.04.002, Penalty (renumbered as 5.03.002 in the draft prepared for
adoption). This section was amended to add a culpability standard as required by
state law.
Summary of Amendments to Code of Ordinances Page 7 of 12 Town Council Page 1205 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
CHAPTER 6 – HEALTH AND SANITATION:
43. Sec. 6.02.004, Fee schedule. This section has been revised to remove the
authority of the Town Manager to waive a fee set by the Council. This is a
substantive change, but is consistent with the Town’s form of government.
44. Sec. 6.03.001, Established; duties. This section has been amended to provide for
appointment of a health authority by the Town Council since this is a contractual
relationship and not an employee. This is a substantive change.
45. Sec. 6.03.004, Removal. This section has been amended to clarify that the health
authority of the Town may be removed as the discretion of the Town Council rather
than per personnel policies. This is a substantive change consistent with current
practice and Council authority dealing with a contract.
46. Sec. 6.03.005, Designation. This section currently provides for appointment of a
specific person as health authority and has been deleted from the draft prepared
for adoption.
CHAPTER 7 – MUNICIPAL COURT:
47. Sec. 7.02.004, Clerk and other personnel. This section has been amended to
identify the Town Manager or designee as the person responsible for appointment
of a Court Clerk and allows the Court to utilize a “recording device” as it
determines appropriate rather than a “Court reporter”. The change to add
recording device is a substantive change can be used to reduce costs.
48. Sec. 7.02.037, Designation. This section appoints specific persons as judges. This
section has been omitted in the new code.
49. Article 7.03, Fees, Costs and Special Expenses. The building security fee and
technology fee were listed in the fee schedule (section A1.010), but these were not
referenced in the regulations in chapter 7. Ordinance provisions consistent with
state law have been added to this article for the building security fee and
technology fee. (Sections 7.03.004 and 7.03.005.)
CHAPTER 8 – OFFENSES AND NUISANCES:
50. Sec. 8.02.003, Declaration of nuisance. All references to the “planning and zoning
director” or to “community development director” should be changed to “Town
manager or designee”. NOTE: We have notified the Codifier that this change has
not been made in the current draft.
51. Sec. 8.08.001, Definitions. The definition of "junked vehicle" has been amended to
be consistent with current state law. This is a substantive change.
Summary of Amendments to Code of Ordinances Page 8 of 12 Town Council Page 1206 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
CHAPTER 9 – PERSONNEL:
52. Article 9.04, Texas Municipal Retirement System. The various TMRS ordinances
and provisions in the existing Codification have not been included in this updated
Codification because they are not laws affecting the public, thus on the advice of
the Codifier, they were removed to save future costs of supplements. All changes
to TMRS made by state law to TMRS that require Council action will continue to
require an ordinance amendment approved by the Council, but to the extent that
Town TMRS ordinances are current under state law, they have not been repealed,
will continue in effect and will remain on file in the Town Secretary’s office.
53. Sec. 9.05.033, Chief of police. This section has been amended to be consistent
with the Town’s home rule status, and references to “town administrator” have
been change to “Town Manager”.
CHAPTER 10 – SUBDIVISION REGULATION:
54. Sec. 10.02.067, Preliminary plats. In this section, subsections (g) and (h) are the
same. Subsection (h) has been deleted.
55. Sec. 10.02.069, Vacation instrument, replatting and amended plats. In this section,
subsections (c)(2) and (c)(3) are the same. Subsection (c)(3) has been deleted.
56. Sec. 10.02.250, Tree permits. In subsection (a)(2), there is a reference to “section
(b)(3) of section 1.9”. There are no such provisions. This has been revised to refer
to section 10.02.252 “Appeals”.
CHAPTER 11 – TAXATION:
57. Sec. 11.01.001, Penalty for collection costs for delinquent taxes and assessments.
This section makes reference to the specific firm to be used for delinquent tax
collection services. This section has been revised to be more general.
58. Sec. 11.03.001, Sales tax elections. A section has been added to read as follows,
placing all sales and use tax election results on file in the offices of the Town
Secretary. This is a substantive change:
Ordinances calling elections as well as those certifying election results for the
imposition of sales and use taxes are on file in the office of the Town Secretary.
(Ordinance adopting Code)
Summary of Amendments to Code of Ordinances Page 9 of 12 Town Council Page 1207 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
CHAPTER 12 – TRAFFIC AND VEHICLES:
59. Sec. 12.02.007, Installation and maintenance and Sec. 12.02.008, Evidence of
validity. These sections have been amended to refer to the Town Manager or
designee and to correct typographical errors.
60. Sec. 12.02.032, Stoplights. This section has been deleted since the Town has no
stop lights. This is a substantive change.
61. Sec. 12.03.044, Temporary construction or maintenance zones. These were
temporary regulations. This section has been deleted. This is a substantive
change.
62. Sec. 12.04.005, Parking near certain crosswalks. This section was amended to
add a list of no parking zones to facilitate enforcement. This is a substantive
change.
63. Sec. 12.04.007, Parking near safety zone, fire lane or fire hydrant. Subsection (2)
has been amended to be consistent with state law. The change was from 10 feet
to 15 feet. This is a substantive change.
CHAPTER 13 – UTILITIES:
64. This chapter was not part of the current Code but was created during the
Codification process. No revisions were made to the ordinance provisions in this
section.
CHAPTER 14 – ZONING:
65. No changes have been made to any zoning regulations as part of the ordinance
codification process due to the legal requirements regarding the adoption and
amendment of zoning regulations. These regulations have been reproduced
exactly as provided in the current code except for the changes made in the
updated code for numbering, formatting and other non-substantive issues.
66. Sec. 14.02.103, Use table. Some of the entries in the table were marked with an
asterisk, which would ordinarily indicate a corresponding note following the table,
but there was no such note. Those asterisks have been deleted, which is not a
substantive change.
67. Sec. 14.02.166, CR Commercial Recreation District regulations. A change was
made to remove a duplicated section, one of which had no regulations but had
words “REMOVE ALL”, which is not a substantive change.
Summary of Amendments to Code of Ordinances Page 10 of 12 Town Council Page 1208 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
APPENDIX A – FEE SCHEDULE:
68. Fee Schedule. The fee schedule was not reorganized. It is included as Appendix
A.
69. Conflicts with fee schedule. A number of provisions in the Code were inconsistent
because fees originally adopted in the regulatory section of an ordinance were
revised over the years through the use of the Schedule of Fees so that fees could
be easily located in one section of the Code. Other fees were located only in the
regulatory section and not in the Schedule of Fees. References in regulatory
provisions stating specific fee amounts have been removed, and fees have been
placed in the Schedule of Fees.
• Sec. 4.02.041(h), alarm system permit
• Sec. 7.03.001, driving safety course fee
• Sec. 12.04.008(b)(3), issuance and renewal fees for annual overnight parking
permit
• Sec. 1.09.005(a), fee for special event permit
• Sec. 3.12.003, fee for hotel permit
• Sec. 3.12.006(c), re-inspection fee for hotel
• Sec. 4.02.014, false alarm service fees
• Sec. 4.04.033, annual fee for sexually oriented business license (raised to
$1,000.00. See notes for chapter 4 above.)
• Sec. 8.04.005(a)(2), fee for placement of portable home storage unit (PODS)
• Sec. 8.04.005(b), fee for extension of PODS permit
• Sec. 12.04.008(d), fee for temporary overnight parking permit
• Sec. 12.07.005(f), fees for motorized carts (added by Ordinance 2013-11)
• Sec. 14.02.405(g)(1), filing fee for appeal to zoning board of adjustment
• Sec. 1.08.098
• Sec. 3.10.005
• Sec. 3.10.008(c)
• Sec. 3.11.005
• Sec. 3.11.008(c)
• Sec. 4.03.033(c)
• Sec. 7.03.002
• Sec. 7.03.003
• Sec. 12.05.031(b)(2)
• Sec. 13.03.033(a)
70. Sec. A1.006, Animal control. The following fees have been added to this section.
These fees were referenced in the regulatory provisions, but a fee was not set by
the Town. A fee will need to be adopted for these items with the adoption of the
Summary of Amendments to Code of Ordinances Page 11 of 12 Town Council Page 1209 of 1236 Meeting Date: February 9, 2016
SUMMARY OF AMENDMENTS TO CODE OF
ORDINANCES**
**Not a comprehensive list
codification. This will be a substantive change:
Pig licensing fee: $ per animal.
Registration certificate for commercial establishment for dangerous wild animals:
$ per establishment.
71. Sec. A1.014, Texas Administrative Code charges for providing copies of public
information. These regulations appear to have been taken from Texas
Administrative Code title 1, part 3, chapter 70, rule 70.3 (Charges for Providing
Copies of Public Information). The same fees are set out in section A1.013;
therefore, Section A1.014 has been deleted.
Summary of Amendments to Code of Ordinances Page 12 of 12 Town Council Page 1210 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-63-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and
adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks
and Recreation Board; reaffirming existing appointments; and providing an effective date.
Attachments:RES 2016-01 - Parks Board Vacancy Appointment.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-25 and adopting a new
Resolution filling one (1) vacancy for the remainder of an unexpired term on the Parks and Recreation Board; reaffirming
existing appointments; and providing an effective date.
Town Council Page 1211 of 1236 Meeting Date: February 9, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016–01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS REPEALING RESOLUTION NO. 2015-25 AND ADOPTING
A NEW RESOLUTION FILLING ONE (1) VACANCY FOR THE
REMAINDER OF AN UNEXPIRED TERM ON THE PARKS AND
RECREATION BOARD; REAFFIRMING EXISTING APPOINTMENTS;
REAFFIRMING THE TOWN COUNCIL LIAISON; AND REAFFIRMING THE
CHAIRPERSON TO SERVE ON THE BOARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards, Commissions and Corporations;
and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards, Commissions and Corporations serving the Town
whose terms are expiring and to replace members who have resigned; and
WHEREAS, on September 22, 2015, the Town Council of the Town of Trophy Club
adopted Resolution No. 2015-25, making annual appointments, reaffirming existing
appointments, appointing the Town Council Liaison, and appointing a Chairperson to
serve on the Parks and Recreation Board for fiscal year 2015-2016; and
WHEREAS, the Town Council generally takes action in September of each year to
appoint residents to serve on various Town Board, Commission and Corporation seats;
and
WHEREAS, by passage of this Resolution, the Town Council hereby finds it
appropriate to repeal Resolution No. 2015-25 and to adopt this Resolution filling one (1)
vacancy for the remainder of an unexpired term, reaffirming existing appointments,
reaffirming the Town Council Liaison, and reaffirming the Chairperson to serve on the
Parks and Recreation Board for fiscal year 2015-2016.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals are incorporated herein as if written word
for word.
Section 2. That the Town Council hereby repeals Resolution No. 2015-25
appointing persons to serve on the Parks and Recreation Board and adopts this
Resolution to appoint or reaffirm, as applicable, the following individuals to serve on the
Parks and Recreation Board with respective terms of service ending on September 30 of
the year specified below for each individual:
Town Council Page 1212 of 1236 Meeting Date: February 9, 2016
Parks and Recreation Board
1. James Hanna (2016) 5. Darin Davis (2017)
2. Louis Hocker (2016) 6. Earl Bilbrey (2017)
3. Tom Mills (2016) 7. ___________ (2017)
4. Dean Murray (2016)
Chairperson: Earl Bilbrey
Council Liaison: Council Member Philip Shoffner
Section 3. This Resolution shall take effect from and after its date of passage in
accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas
on this 9th day of February 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2016-01 Page 2 of 2
Town Council Page 1213 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-64-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and
adopting a new Resolution filling one (1) vacancy for the remainder of an unexpired term on the
Zoning Board of Adjustment; reaffirming existing appointments; and providing an effective date.
Attachments:RES 2016-02 - ZBA Vacancy Appointment.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-39 and adopting a new
Resolution filling one (1) vacancy for the remainder of an unexpired term on the Zoning Board of Adjustment; reaffirming
existing appointments; and providing an effective date.
Town Council Page 1214 of 1236 Meeting Date: February 9, 2016
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2016-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2015-39 AND
ADOPTING A NEW RESOLUTION FILLING ONE (1) VACANCY FOR
THE REMAINDER OF AN UNEXPIRED TERM ON THE ZONING
BOARD OF ADJUSTMENT; REAFFIRMING EXISTING
APPOINTMENTS; AND REAFFIRMING THE CHAIRMAN TO SERVE
ON THE BOARD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards, Commissions and
Corporations; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards, Commissions and Corporations serving the Town
whose terms are expiring and to replace members who have resigned; and
WHEREAS, on December 8, 2015, the Town Council of the Town of Trophy Club
adopted Resolution No. 2015-39, appointing a Chairman and reaffirming existing
appointments to serve on the Zoning Board of Adjustment for fiscal year 2015-2016;
and
WHEREAS, the Town Council generally takes action in September of each year
to appoint residents to serve on various Town Board, Commission and Corporation
seats; and
WHEREAS, by passage of this Resolution, the Town Council hereby finds it
appropriate to repeal Resolution No. 2015-39 and to adopt this Resolution filling one (1)
vacancy for the remainder of an unexpired term, reaffirming existing appointments, and
reaffirming the Chairman to serve on the Zoning Board of Adjustment for fiscal year
2015-2016.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals are incorporated herein as if written word
for word.
Section 2. That the Town Council hereby repeals Resolution No. 2015-39
appointing persons to serve on the Zoning Board of Adjustment and adopts this
Resolution to appoint or reaffirm, as applicable, the following individuals to serve on the
Zoning Board of Adjustment with respective terms of service ending on September 30 of
the year specified below for each individual:
Town Council Page 1215 of 1236 Meeting Date: February 9, 2016
Zoning Board of Adjustment
1. Joe Hennig (2017) 4. Renee Ongaro (2016)
2. Louis Opipare Jr. (2017) 5. Michael Biggs (2016)
3. Terry Kesterson (2017)
Alt. John Arnott Sr. (2017) Alt. _________ (2016)
Alt. Candice Vogt (2017) Alt. Darrell Windland (2016)
Louis Opipare Jr. shall serve as Chairman of the Zoning Board of Adjustment.
Section 3. This Resolution shall take effect from and after its date of passage
in accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 9th day of February 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2016-02 Page 2 of 2
Town Council Page 1216 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-67-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Consider and take appropriate action regarding amendments to the Town Council Rules of
Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner)
Attachments:Staff Report - Rules of Procedure.pdf
Article 1_03 Town Council Division 2 Meetings and Rules of Procedure.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding amendments to the Town Council Rules of Procedure. (Town Council
Future Agenda Items List No. 9 - Council Member Shoffner)
Town Council Page 1217 of 1236 Meeting Date: February 9, 2016
To: Mayor and Town Council
From: Holly Fimbres, Town Secretary
CC: Stephen Seidel, Town Manager
Re: Rules of Procedures
Town Council Meeting, February 9, 2016
Agenda Item:
Consider and take appropriate action regarding amendments to the Town Council Rules of
Procedure. (Town Council Future Agenda Items List No. 9 - Council Member Shoffner)
Explanation:
The attached “Meetings and Rules of Procedure”, is formatted from the new Code of
Ordinances of the Town of Trophy Club, which was updated through the adoption of Ordinance
No. 2014-14 on June 16, 2014. This item was requested by Council Member Shoffner to allow
the current Council to make any necessary changes.
Attachments:
• Article 1.03 “Town Council”, Division 2. “Meetings and Rules of Procedure” of the Code
of Ordinances of the Town of Trophy Club.
Town Council Page 1218 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 1 of 9
ARTICLE 1.03 TOWN COUNCIL *
Division 1. Generally
Secs. 1.03.001–1.03.030 Reserved
Division 2. Meetings and Rules of Procedure†
Sec. 1.03.031 Authority
Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own
rules of procedure. (2006 Code, ch. 1, sec. 6.01(A). See end of this division for full history for this
division.)
Sec. 1.03.032 General rules
(a) Meetings to be public. All official meetings of the town council and all sessions of a subcommittee
of the town council consisting of a quorum of the council shall be public unless otherwise specified by
council.
(b) Quorum. The governing body of the town consists of a mayor and six (6) council members.
Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a
quorum for the purpose of a regular or special meeting.
Charter reference–Quorum, sec. 3.12.
(c) Attendance. As specified in the town charter, should a member of the town council fail to attend
three consecutive regular meetings without being excused by the council, his/her office may be declared
forfeited by the council. A member of the town council who is unable to attend a council meeting shall
notify the town secretary of his/her inability to attend the meeting and shall provide an explanation of the
conflict or other reason that prevents his/her attendance. Notice to the town secretary shall be provided as
soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall
notify the council of the absence prior to the beginning of the council meeting from which the member
will be absent.
Charter reference–Forfeiture of office, sec. 3.04.
(d) Misconduct. The town council may punish its own members for misconduct as authorized by state
law and town charter.
(e) Minutes of town council meetings. An account of all proceedings of the town council shall be kept
by the town secretary and shall be entered into a book constituting the official record of the town council.
(f) Questions to contain one subject. All questions submitted for a vote shall contain only one subject.
If two or more points are involved, any member may require a division, if the question reasonably admits
of a division.
* Charter references–Council, sec. 3.00; nominations and elections, sec. 5.00; recall, sec. 6.00; initiative and
referendum, sec. 7.00. † Charter reference–Rules of the council, sec. 3.11.
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
Town Council Page 1219 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 2 of 9
(g) Right to floor. Any town council member desiring to speak shall be recognized by the
chairman/mayor. No member shall be allowed to speak more than once on any one subject until every
member wishing to speak shall have spoken.
(h) Town manager. The town manager or assistant town manager or acting town manager, shall attend
all meetings of the town council unless excused by the mayor or town council. The town manager,
assistant town manager, or acting town manager may make recommendations to the town council and
shall have the right to take part in all discussions of the town council, but shall have no vote. The town
manager may place an item for discussion and/or action on the council agenda.
(i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town
council unless excused by the mayor or town council and shall, upon request, give an opinion, either
written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian.
(j) Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town
council unless excused by the mayor or town council, and shall keep the official minutes and perform
such other duties as may be requested of him/her by the town council.
(k) Officers and employees. Any officer or employee of the town, when requested by the town
manager, shall attend any meeting of the town council. If requested to do so by the town manager, they
may present information relating to matters before the town council.
(l) Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern
the proceedings of the town council.
(m) Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds
vote of all members of the town council in attendance. The vote on any such suspension shall be taken by
a show of hands and entered into the record.
(n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by
four (4) members of the town council in attendance, provided that the proposed amendments or new rules
shall have been introduced into the record at a prior town council meeting.
(2006 Code, ch. 1, sec. 6.01(B). See end of this division for full history for this division.)
Sec. 1.03.033 Types of meetings
(a) Regular meetings. The town council shall meet in the council/board room at the Municipal Utility
District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each
month and each meeting shall commence at the time and place posted on the agenda for that meeting.
(b) Special meetings. Special meetings may be called by the mayor or by any three (3) members of the
town council. The call for a special meeting shall be filed with the town secretary in written form, except
that announcement of a special meeting, during any regular meeting at which all members are present,
shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and
the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting
shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency
meeting. Only such business may be transacted at a special meeting as may be listed in the call for said
meeting or as incident thereto.
Town Council Page 1220 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 3 of 9
(c) Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in
notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application
of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours
before the meeting is convened.
(d) Recessed meetings. Any meeting of the town council may be recessed to a later time, provided that
no recess shall be for a longer period than until the next regular meeting.
(e) Public hearings.
(1) All meetings shall be held in full compliance with the provisions of state law and codes of the
town. Any party in interest may appear in his/her own behalf or be represented by counsel or
agent.
(2) The town secretary shall set public hearing dates for the town council as requested, be
responsible for timely advertising in the official newspaper, and notify interested parties
according to requirements of the town council.
(2006 Code, ch. 1, sec. 6.01(C). See end of this division for full history for this division.)
Charter references–Meetings of the council, sec. 3.09; special meetings, sec. 3.10.
Sec. 1.03.034 Chairman
(a) Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In
the absence of the mayor, the mayor pro-tem shall preside. In the absence of both the mayor and the
mayor pro-tem, the town council shall elect a chairman.
(b) Call to order. The meetings of the town council shall be called to order by the mayor, or in his
absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the meeting
shall be called to order by the town secretary.
(c) Preservation of order. The chairman shall preserve order and decorum, prevent personalities from
becoming involved in debate and confine members in debate to the question under discussion.
(d) Points of order.
(1) A member may interrupt debate for immediate consideration of questions relating to rights
and privileges of the assembly. The chairman/mayor will decide the question or may refer to
the town attorney for a ruling. The chairman/mayor’s decision is subject to appeal to the town
council.
(2) A member of the council may appeal a ruling of the chair by obtaining the floor and stating,
“I appeal from the ruling of the Chair.” The person appealing can interrupt a speaker who has
the floor. If another member seconds the appeal, the procedure is as follows: the mayor/chair
puts the question to the members for a vote. The question cannot be amended and it is
debatable unless the immediately pending question is not debatable, the purpose of the vote is
to decide whether the chair’s ruling should be sustained. The mayor/chair is entitled to speak
first and last in any discussion about the appeal or his/her decision. A majority vote is
required to overturn the decision of the chair, and the question can be reconsidered.
Town Council Page 1221 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 4 of 9
(e) Questions to be stated. The chairman shall state all questions submitted for a vote and announce the
result. The announcement of the result will include the number of votes for, number of votes against and
abstentions, or state if unanimous.
(f) Substitution of chairman. The chairman may call any other member to take his place in the chair,
such substitution not to continue beyond adjournment.
(2006 Code, ch. 1, sec. 6.01(D). See end of this division for full history for this division.)
Sec. 1.03.035 Order of business; agenda
(a) Agenda. The business of each meeting shall be as contained in the agenda in the order established
by the mayor. The town secretary shall prepare the agenda. The agenda shall be a listing of topics to be
considered by the town council and delivered to members of the town council each Thursday preceding
the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately
preceding the commencement of the council meeting in order to allow council discussion and questions
related to one or more of the items posted on the agenda.
(b) Presentations by members of town council; future agenda items. The agenda shall provide a time
when the mayor or any town council member may bring before the town council any business that the
town council member believes should be deliberated upon by the town council at a future meeting of the
town council. However, pursuant to the town charter, before any item is placed for discussion and/or
action on a future town council agenda, a request for its placement on the agenda shall be made by either
the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda,
but discussion and formal action on such matters shall be deferred until a subsequent town council
meeting provided that the requirements of chapter 551 Texas Government Code have been met.
Charter reference–Agenda, sec. 3.11(b).
(c) Request for agenda item by chairperson. A chairperson of a council appointed board, commission,
corporation, or other appointed body requesting that an item be placed on the council agenda for
discussion and/or action shall present such request to the town manager in writing in the time frame set
forth in subsection (d) below.
(d) Deadline for submission of agenda items. A subject for the town council’s consideration shall be
submitted to the town secretary’s office in writing not later than 5:00 p.m. on Monday, (7 days prior) to
the meeting at which the subject is to be considered.
(e) Presentation by citizens or representative(s) of organized groups; citizen presentations.
Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior
notification, shall be limited to a total of four (4) minutes.
(f) Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by
citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the
agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to
council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls
for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time
has expired. The speaker shall then complete his sentence and take his/her seat. A person may not give
his/her speaking time to another. Persons wishing to express their position on an agenda item but who do
not wish to speak shall complete a speaker’s card and indicate their support or opposition. The name and
respective position of such person(s) shall be read into the record.
Town Council Page 1222 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 5 of 9
(g) Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and
for public hearings.
(1) Each person addressing the council shall step up to the microphone, shall give his or her
name and address in an audible tone of voice for the record. If representing an organized
group, the speaker shall identify the group represented. All remarks shall be addressed to the
council as a body, and not to any member thereof. No person, other than town staff, members
of the council and the person having the floor, shall be permitted to enter into any discussion,
either directly or through the members of the council. No questions shall be asked of the
councilmembers, except through the presiding officer.
(2) All citizens shall refrain from private conversations in the chamber while the town council is
in session.
(3) Citizens attending town council meetings shall observe the same rules of priority, decorum,
and good conduct applicable to the administrative staff. Any persons making personal,
impertinent, or slanderous remarks, or who becomes boisterous while addressing the town
council or while attending the town council meeting, shall be removed from the room if the
chief of police (or his representative) is so directed by the mayor/chairman, and such person
shall be barred from further audience before the town council during that session of the town
council.
(4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall not be permitted by the mayor/chairman, who shall direct the chief of
police to remove such offenders from the room.
(5) In case the chairman shall fail to act, any other of the town council may move to require the
chair to enforce the rules, and the affirmative vote of a majority of all members present of the
town council shall require the presiding officer to act.
(6) No placards, banners or signs of any kind shall be permitted in the council chamber unless
exhibits, displays and visual aids are used in connection with presentations to the town
council, provided that such exhibits, displays and visuals aids do not disrupt the meeting.
(h) Written communications to council.
(1) General. Interested parties, or their authorized representatives, may address the council by
written communication in regard to any matter concerning the town’s business or over which
the council has control at any time.
(2) Agenda items. A written communication relative to an item posted for consideration on a
town council agenda may be submitted by direct mail to the council or by delivery of the
communication to the town secretary at least four (4) hours prior to the time for
commencement of the town council meeting at which an item will be discussed. Upon timely
receipt of a communication, the town secretary shall distribute copies to each of the
councilmembers and shall make copies available for public review at a designated location in
the council chambers. The names of those submitting the communication and the topic
addressed will be entered into the record without the necessity for reading as long as
sufficient copies are available at the meeting for review by members of the audience/public.
Town Council Page 1223 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 6 of 9
(i) Presentations by town manager. Matters requiring the council’s attention which may have
developed since the deadline for delivery of the written communication to the council may be presented
orally by the town manager for informational purposes only in accordance with chapter 551 Texas
Government Code.
(j) Requests for research or information. The mayor and individual councilmembers may request
information or research from the town staff on a given topic through the town manager who will make all
members of council aware of the special request, as it may be of interest to them as well. Accordingly, the
town manager will provide the results of the request to all members of council. In the event the town
manager believes he cannot respond in a timely manner, he and the members of council will coordinate a
reasonable and responsible timeframe in which to expect the results without unduly interfering with other
activities of higher priority.
(k) Notification of significant activities or events. The mayor and councilmembers expect the town
manager to notify them, and provide periodic updates regarding significant activities or events in the town
related to natural or manmade disasters, major criminal activity, accidents involving town property, or
death involving town staff/employees.
(l) Seating arrangement. The town manager, town secretary, and town attorney shall occupy the
respective seats in the council chamber assigned to them by the chairman/mayor, but any two (2) or more
of the town council may exchange seats.
(2006 Code, ch. 1, sec. 6.01(E). See end of this division for full history for this division.)
Sec. 1.03.036 Ordinances, resolutions and motions
(a) Printed or typewritten form. All ordinances and resolutions shall be presented to the town council
only in written form.
(b) Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality
by the town attorney.
(c) Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for
distribution to all members of the town council at the meeting at which the ordinance is introduced, or at
such earlier time as is expedient.
(d) Recording of votes. The show of hands shall be taken and entered upon the passage of all
ordinances and resolutions and entered into the official record of the council.
(e) Vote required for approval. Approval of every ordinance, resolution, or motion shall require the
affirmative vote of four (4) of the members of the town council in attendance.
(f) Mayoral vote. The mayor shall have a vote on all matters before the council.
(g) Conflict of interest. Should any person on the town council have a conflict of interest pursuant to
any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council
agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an
affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on
the item.
Town Council Page 1224 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 7 of 9
(h) Abstention from voting. Should any person on the town council abstain from voting on an agenda
item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be
recorded as a negative vote in the minutes of the council meeting.
(2006 Code, ch. 1, sec. 6.01(F). See end of this division for full history for this division.)
Charter references–Procedure for enacting ordinances and resolutions, sec. 3.16; conflict of interest and abstention,
sec. 3.20.
Sec. 1.03.037 Rules of decorum
(a) Recognition by chairman/mayor. No person shall address the town council without first being
recognized by the chairman/mayor.
(b) Order. While the council is in session, the members must preserve order and decorum, and a
member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
town council nor disturb any member while speaking or refuse to obey the orders of the chairman/mayor.
Members of the town council shall not leave their seats during a meeting without first obtaining the
permission of the chairman/mayor.
(c) Chairman/mayor may debate. The chairman/mayor may move only to such limitations of debate as
are the rights and privileges of a town council member by reason of his acting as the chairman/mayor. If
the chairman/mayor is engaged in debate and is abusing his position as chairman, at the insistence of any
three (3) council members, the chairman/mayor member must relinquish the chair in accordance with
provisions of Robert’s Rules of Order Newly Revised.
(d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address
the chair, and upon recognition by the chairman/mayor shall confine himself/herself to the questions
under debate, avoiding all personalities and inappropriate language.
(e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to
call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order,
the town council member shall cease speaking until the question of order be determined and, if in order,
the town council member shall be permitted to proceed.
(2006 Code, ch. 1, sec. 6.01(G). See end of this division for full history for this division.)
Sec. 1.03.038 Parliamentary motions and precedence
(a) Discussion of items. Each agenda item shall be considered open for discussion when that item is
announced by the chairman/mayor. If a member wishes to challenge an agenda item on the basis that the
item is not a proper topic for council discussion, such member shall state that he or she “objects to the
consideration of the question.” This action does not require a second. When the objection is made, the
chairman/mayor shall immediately call the question: “will the assembly consider this question?” if 2/3 of
the members vote “no,” the question cannot be introduced. An objection to consideration of a question
must be made when the item is first introduced and before it has been debated. A motion for appropriate
action shall be made after discussion of an item has been concluded.
(b) Motions. After obtaining the floor a motion can be made before the assembly on the particular
subject of discussion. A “second” to the motion must be made by another town council member within a
Town Council Page 1225 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 8 of 9
reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when
another motion is pending.
(c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking
permission until the motion has been stated by the chairman/mayor. If the mover modifies his motion, the
person who seconds the motion may withdraw his second. After the question has been stated, the mover
shall neither withdraw it nor modify it without the consent of the council.
(d) Stating the question. In principle, the chairman/mayor must state the question on a motion
immediately after it has been made and seconded, unless the council member is obligated to rule that the
motion is out of order or if the wording is not clear.
(e) Amendments to motions. No motion or proposition of a subject different from that under
consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in
order, but one to amend an amendment to an amendment shall not be in order.
(f) Debate. Debate must be limited to the merits of the immediately pending question as stated by the
chair and by authority of the chairman/mayor.
(g) Calling for the question by chair - ending debate.
(1) The chairman/mayor may “call for the question” without a vote if debate appears to have
closed and if there are no objections by any council member.
(2) A motion for the previous question (call the question) may not interrupt a speaker who has
the floor, must be made and seconded, is not debatable, cannot be amended, requires an
affirmative, two-thirds vote of members present to pass and in this assembly cannot be
reconsidered. Additionally, in order to protect the democratic process, any council member or
member of the public who is on record to speak before the motion is made will be permitted
to speak before the vote is taken on the motion for the previous question.
(2006 Code, ch. 1, sec. 6.01(H). See end of this division for full history for this division.)
Sec. 1.03.039 Creation of committees, boards and commissions
(a) Ad-hoc committees. The council may, as the need arises, authorize the appointment of “ad hoc”
committees. Except where otherwise specifically provided, the mayor shall appoint the members of the
“ad hoc” committees, subject to the approval of the town council. Any committee so created shall cease to
exist upon the accomplishment of the special purpose for which it was created or when abolished by a
majority vote of the town council.
(b) Citizen boards, commissions, corporations, and other appointed bodies. The town council may
create boards, commissions, corporations and other council appointed bodies to assist in the conduct of
the operation of the town government with such duties as the council may specify. Memberships and
selection of members shall be as provided in accordance with the guidelines in the handbook for elected
and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease
to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a
majority vote of the town council. No body so appointed shall have powers other than advisory to the
town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply
to council appointed boards, commissions, corporations, and other appointed bodies in accordance with
Town Council Page 1226 of 1236 Meeting Date: February 9, 2016
Rules of Procedure Page 9 of 9
the town’s handbook for appointed and elected officials and shall only be modified as provided in the
enabling ordinances for each such council appointed body.
(2006 Code, ch. 1, sec. 6.01(I). See end of this division for full history for this division.)
(Ordinance 2001-27, ex. A, adopted 11/19/01; Ordinance 2006-03, ex. A, adopted 2/6/06; Ordinance
2006-30, sec. II, adopted 8/21/06; 2006 Code, ch. 1, sec. 6.01; Ordinance 2008-19 adopted 8/4/08;
Ordinance 2009-16, sec. II, adopted 7/6/09; Ordinance 2014-10, sec. 2, ex. A, adopted 4/7/14; Ordinance
2014-14 adopted 6/16/14)
Town Council Page 1227 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-69-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*License To Carry class
*TxDOT SH 114 and SH 170 meeting
*Park Board recommendations regarding aquatic facilities
*Seasonal employee hiring
*Town Hall
Attachments:
Action ByDate Action ResultVer.
Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
*License To Carry class
*TxDOT SH 114 and SH 170 meeting
*Park Board recommendations regarding aquatic facilities
*Seasonal employee hiring
*Town Hall
Town Council Page 1228 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-70-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming
Regular Session Council Agenda for February 19, 2016 meeting and Special Called Council Agenda
for February 23, 2016; and discussion of the Town Council Future Agenda Items list, to include
discussion of the below item from the Future Agenda list:
A) Item No. 8 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer
the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
Attachments:February 19, 2016 Upcoming Agenda.pdf
February 23, 2016 Upcoming Agenda.pdf
Items for Future Agendas updated 2-2-2016.pdf
Action ByDate Action ResultVer.
Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session
Council Agenda for February 19, 2016 meeting and Special Called Council Agenda for February 23, 2016; and
discussion of the Town Council Future Agenda Items list, to include discussion of the below item from the Future Agenda
list:
A) Item No. 8 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land
that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
Town Council Page 1229 of 1236 Meeting Date: February 9, 2016
Meeting Date 2/19/2016
No. Consent STAFF
RPT RES ORD PROC File ID Dept
1 Consider and take appropriate action regarding financial and variance report
dated January 2016.Finance
2 Receive Annual Racial Profiling Report.Police
No. Regular Session STAFF
RPT RES ORD PROC File ID Dept
3
Consider and take appropriate action regarding an Ordinance of the Town of
Trophy Club ordering and calling a Joint General Election to be held on May 7,
2016 for the purpose of electing one (1)Councilmember to Place No.5 and one
(1)Councilmember to Place No.6 on the Trophy Club Town Council,each for a
term of three (3)years respectively;providing for the incorporation of premises;
providing for administration of the election by Tarrant and Denton County;
providing miscellaneous terms relative to polling places and the conduct of
election; and providing an effective date.
Town Sec
4
Consider and take appropriate action regarding an Ordinance of the Town of
Trophy Club canceling the Joint General Election to be held on May 7, 2016 for
the purpose of electing one (1)Councilmember to Place No.5 and one (1)
Councilmember to Place No.6 on the Trophy Club Town Council,each for a term
of three (3)years respectively;declaring candidates for Place No.5 and Place No.
6 unopposed; providing for the issuance of certificates of election following the
date for canvassing of the election; and providing an effective date.
Town Sec
5
Consider and take appropriate action regarding an Ordinance of the Town of
Trophy Club ordering and calling a Joint Special Election to be held on May 7,
2016 for the purpose of legalization of the sale of all alcoholic beverages
including mixed beverages;providing for the incorporation of premises;providing
for administration of the election by Tarrant and Denton County; providing
miscellaneous terms relative to polling places and the conduct of election;and
providing an effective date.
Town Sec
Town Council Page 1230 of 1236 Meeting Date: February 9, 2016
Meeting Date 2/23/2016
No. Consent STAFF
RPT RES ORD PROC File ID Dept
1 Consider and take appropriate action regarding the Minutes dated January 26,
2016.Town Sec
2 Consider and take appropriate action regarding the Minutes dated January 29 and
30, 2016.Town Sec
No. Regular Session STAFF
RPT RES ORD PROC File ID Dept
3 Receive an update from GSBS regarding Trophy Club Town Hall; discussion of
same.Town Mgr
4 Consider and take appropriate action regarding adopting a Standards of Care for
Summer Adventure Camp Programs; discussion of same.Parks
5
Consider and take appropriate action regarding a Resolution relating to the giving
of Notice of Intention to issue Town of Trophy Club, Texas combination tax and
revenue Certificates of Obligation, Series 2016; and providing an effective date.Finance
6 Consider and take appropriate action regarding an Agreement with the Town and
Marshall Creek Ranch.Parks
7 Consider and take appropriate action regarding Harmony Park; discussion of
same.Town Mgr
8 Consider and take appropriate action regarding Parks and Recreation Board
recommendations regarding aquatic facilities.Parks
9 Town Council Liaison Updates; discussion of same: Town Sec
10 Town Manager Seidel's update regarding the following;discussion and provide
input regarding same.Town Sec
No. Upcoming Agenda & Council Future Agenda Items List Update STAFF
RPT RES ORD PROC File ID Dept
11
Items for Future Agendas to include discussion of Agenda Items for consideration
on the upcoming Regular Session Council Agenda for March 8, 2016 meeting; and
discussion of the Town Council Future Agenda Items list.Town Sec
No. Executive Session STAFF
RPT RES ORD PROC File ID Dept
12
Pursuant to the following designated sections of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into
executive session to discuss the following: Town Sec
No. Regular Session STAFF
RPT RES ORD PROC File ID Dept
13 Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 1231 of 1236 Meeting Date: February 9, 2016
Town Council Future Agenda Items List
(Updated 2/2/2016)
1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014)
(2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8,
2016)
10/28/2014 – Council discussed and would like a plan brought back on a future agenda.
2/10/2015 – Mayor Sanders provided update including examples of Southlake signage.
5/12/2015 – No new update provided.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process
of going out for bids regarding park monument signage and wayfinding signage.
2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015)
(6-March 8, 2016)
2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning
position).
5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the
vacant Planning position is filled.
7/15/2015 – Will be placed on the August 25, 2015 agenda for an update.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos
and apartments, such as multiple families living at one address, may be insufficient.
3. Consider and take appropriate action regarding adding a parking lot between the baseball
fields. (Reed 8/11/2015) (1-November 10, 2015) (2-January 29, 2016)
11/25/2015 – Town Staff are working with TNP for possible concept plan and cost proposal.
1/29/2016 – Discussed options at the Council retreat.
4. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the
funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8,
2015) (3-March 8, 2016)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Mayor Sanders advised that he would like additional information on specific
items that hotel occupancy tax funds could be used for.
5. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders
4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016)
7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda.
8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year
in time for the next Women’s Garage Sale.
Page 1 of 2
Town Council Page 1232 of 1236 Meeting Date: February 9, 2016
12/8/2015 - Discussion took place that Town Staff is continuing to work on this item.
6. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-
December 8, 2015) (3-March 8, 2016)
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost
out of the general fund and at the end of the year the Parks budget would reconcile those
costs.
7. Town Staff research and present options for the Town to purchase the clock tower and the
land around it. (Reed 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8,
2016)
8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this
item.
12/8/2015 - Discussion took place that Town Staff is continuing to work on this item.
8. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title
for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016)
9. To open the Council Rules of Procedure. (Shoffner 11/10/2015) (1-February 9, 2016)
10. Discussion to change park hours to stay open until 10 p.m. and clearly note change on new
signage. (Reed 1/12/2016) (1-April 12, 2016)
11. Discussion and consideration of laws related to texting while driving inside the Town. (Reed
1/26/2016) (1-April 26, 2016)
12. Discussion of Interlocal Agreements with TCMUD No. 1 for Fire services and building
services such as trash, drainage, etc. (Sanders 1/26/2016) (1-April 26, 2016)
Page 2 of 2
Town Council Page 1233 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-71-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental
body seeks the advice of its attorney about pending or contemplated litigation and Subsection (2) for
consultation with its attorney on a matter in which the duty of the attorney to the Governmental Body
under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the
Open Meetings Act (551.071(1) and (2)).
(1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of
Texas.
B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or
deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have
locate within the territory of the Town and Section 551.071 (2) "Consultation with Attorney", for
Consultation with the its attorney on a matter in which the duty of the attorney to the Governmental
Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act (551.071 (2)).
(1) Development incentives for business prospects and development and legal advice regarding
potential development, potential incentives and contractual agreements, and related matters.
C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
(1) Town Attorney Patricia Adams terms of employment
Attachments:
Action ByDate Action ResultVer.
Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as
authorized by:
A. Section 551.071 “Consultation with Attorney” under Subsection (1) when the governmental body seeks the advice
of its attorney about pending or contemplated litigation and Subsection (2) for consultation with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071(1) and (2)).
(1) Legal Advice regarding water rate review and appeal pending at Public Utility Commission of Texas.
B. Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of
financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the
Town and Section 551.071 (2) "Consultation with Attorney", for Consultation with the its attorney on a matter in
which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)).
(1) Development incentives for business prospects and development and legal advice regarding potential
Town Council Page 1234 of 1236 Meeting Date: February 9, 2016
File #:2016-71-T,Version:1
(1) Development incentives for business prospects and development and legal advice regarding potential
development, potential incentives and contractual agreements, and related matters.
C. Section 551.074(a)(1) Personnel Matters to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
(1) Town Attorney Patricia Adams terms of employment
Town Council Page 1235 of 1236 Meeting Date: February 9, 2016
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12016-72-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2016 Town Council
On agenda:Final action:2/9/2016
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Executive Session.
Town Council Page 1236 of 1236 Meeting Date: February 9, 2016