ORD 2016-46 P&Z TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-46 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02, "ZONING ORDINANCE" BY CREATING A
NEW SECTION TO BE CALLED "SECTION 14.02.356 - SOLAR PANEL
SYSTEMS", AND SECTION 14.02.103, "USE TABLE" OF CHAPTER
14, "ZONING" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING
APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town of Trophy Club desires to amend Section 14.02, Zoning
Ordinance by creating a new section to be called "Section 14.02.356 — Solar Panel
Systems", and Section 14.02.103, "Use Table" in the zoning regulations of the Code of
Ordinances to provide comprehensive standards for the construction and placement of
solar panel systems in the Town; and
WHEREAS, notice of a public hearing before the Town Council was published in
a newspaper of general circulation in Trophy Club at least 15 days before such hearing.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. THAT the above and foregoing premises are true and correct and
are incorporated herein and made a part hereof for all purposes.
SECTION 2. THAT Section 14.02, "Zoning Ordinance", in the zoning regulations
of the Code of Ordinances, is hereby amended by adding a new
section titled "Section 14.02.356 — Solar Panel Systems" to read as
follows:
"Section 14.02.356 Solar Panel Systems
General purpose and description. The purpose of these regulations is to accommodate
solar panel systems in specific locations in the community while protecting the public's
health, safety and welfare, and to provide a permitting process for solar panel systems
to ensure compliance with the requirements and standards established in this section.
(a) Definitions. The following words and phrases shall have the meanings ascribed
to them in this section except where the context clearly indicates a different
meaning:
1. Solar panel system and/or photovoltaic generating apparatus means a
combination of equipment and/or controls, accessories, interconnecting
means and terminal elements for the collection, storage and distribution of
solar energy. Solar panel systems do not include individually powered
outdoor solar lights, such as garden lights, accent lights, security lights,
flood lights or small solar panels not to exceed 18"x18".
2. Roof mounted systems means a solar energy system affixed to a principal
or accessory building.
3. Ground mounted systems means a solar panel system with a supporting
framework that is placed on, or anchored in, the ground and that is
independent of any building or other structure.
(b) Roof mounted systems. The following regulations shall apply to all roof mounted
solar panel systems:
1. A roof mounted system shall not project above the ridgeline of a pitched, gabled
or gambrel roof and shall be parallel to the roofline. No roof mounted system
shall be installed greater than six (6) inches between the panel and roof. Solar
panels may not extend beyond roof edges.
2. A roof mounted system shall not exceed the maximum height permitted within
the zoning district system is located within; if the system is to be located on a flat
roof such equipment shall be completely screened from public view with
screening which is the same as the architectural style of the main structure.
(c) Ground mounted systems. The following regulations shall apply to all ground
mounted solar panel systems:
1. Ground mounted systems shall not exceed eight feet in height.
ORD 2016-46 P&Z Page 2 of 6
2. Ground mounted systems shall not be located within the front yard and shall
comply with all zoning district setback and lot coverage requirements. Said
system shall not be located in, on or across a public easement unless
authorized in writing by the easement holder.
3. Ground mounted systems shall be screened such that the system is not
visible from a public or private street.
(d) General Regulations. The following general regulations apply to all solar panel
systems located within any district:
1. Building Permit Required - A building permit must be obtained prior to the
construction or installation of a solar panel system. An application for building
permit must be accompanied by:
A. The appropriate permit fee as established in the Town's Fee Schedule;
B. A site plan of the proposed solar panel system
C. A plan view layout of the proposed solar panel system clearly showing:
i. The location of the system;
ii. All components of the system;
iii. Distances to property lines;
iv. Identification of all easements and building setbacks;
v. Existing structures on the site;
vi. Screening, if required.
D. Elevation drawings showing:
i. The design and height of the proposed solar panel system; and
ii. Detailed drawings of all System components.
E. A line drawing of the electrical components of the System in sufficient
detail to allow for a determination that the manner of installation conforms
to the National Electric[al] Code. This information is frequently supplied by
the manufacturer;
F. Standard installation drawings of the solar energy structure. An
engineering analysis of the system showing compliance with the adopted
building code and certified by a licensed professional engineer registered
in the State of Texas shall also be submitted. This analysis may be
supplied by the manufacturer. Wet stamps shall not be required.
2. Construction Standards - solar panel systems must be installed according to
the manufacturer's recommendations and under the seal of a professional
engineer registered in the State of Texas. Additionally, all components of a
solar panel system shall comply with applicable state and local building
codes.
3. Primary Structure Required on Lot - A solar panel system may be erected on
a lot only after a primary structure has been constructed on the lot.
ORD 2016-46 P&Z Page 3 of 6
4. Signs - No advertising or other signs shall be allowed on a solar panel
system.
5. Town Building Codes/Safety Standards - To ensure the structural integrity of
a solar panel system, the owner of such system must ensure that it is
maintained in compliance with all provisions of the Town of Trophy Club's
building code and zoning regulations. lf, upon inspection, the Town concludes
that a solar panel system falls to comply with such codes and regulations or
constitutes a danger to persons or property, then upon written notice to the
owner of the solar panel system, the owner may have thirty (30) calendar
days to bring such System into compliance with applicable standards. Failure
to bring such System into compliance shall constitute grounds for the removal
of the solar panel system 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.
6. Maintenance - A solar panel system shall be maintained at all times,
including, but not limited to, maintaining structural integrity and anchoring of
system components.
7. Removal of Unsafe Solar Panel System - Solar panel systems that have, due
to damage, lack of repair, or other circumstances, become unstable or pose a
danger of collapse shall be removed or brought into repair within 30 days
following notice given by the Building Official. If the System is not made safe
or removed within 30 days of notification from the Town, the Town may
remove the solar panel system and place a lien upon the property for the
costs of the removal. However, the Building Official may order immediate
action to prevent an imminent threat to public safety or property.
8. Pre-existing solar panel systems and nonconforming uses. A solar panel
system operative prior to August 1, 2016 and which may not meet all the
regulations of this section shall be allowed to continue its present usage as a
non-conforming use and shall be treated as a non-conforming use in
accordance with this chapter. Routine maintenance shall be permitted on
the existing system. New construction other than routine maintenance on an
existing solar panel system shall comply with the requirements of this article.
(e) Specific Use Permit. Any proposed system that fails to meet the minimum
requirements of this section may be authorized upon approval of a Specific Use
Permit (SUP). Any SUP for which an application is submitted under the authority
of this section shall be considered on a case-by-case basis and subject to the
sole discretion of the Town Council upon the recommendation of the Planning
and Zoning Commission. The SUP application shall meet all requirements for
SUP applications as specified elsewhere in this Chapter."
ORD 2016-46 P&Z Page 4 of 6
SECTION 3. THAT Section 14.02.103, "Use Table", in the zoning regulations of
the Code of Ordinances, is hereby amended by adding the
following use: "Solar Panel Systems". Said use shall be classified
as a permitted use in all zoning districts subject to the requirements
contained in Section 14.02.356 — Solar Panel Systems, as stated
herein.
SECTION 4. THAT in all respects the Land shall be subject to the applicable
regulations contained in the Comprehensive Zoning Ordinance and
all other applicable and pertinent ordinances and regulations of the
Town.
SECTION 5. THAT this Ordinance shall be cumulative of all other ordinances of
the Town affecting the regulation of land and zoning and shall not
repeal any of the provisions of those ordinances except in those
instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance whether such
Ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in
full force and effect. Notwithstanding the foregoing, any complaint,
action, cause of action or claim which prior to the effective date of
this Ordinance has been initiated or has arisen under or pursuant to
such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 6. THAT it shall be unlawful for any person to violate any provision of
this Ordinance, and any person violating or failing to comply with
any provision hereof shall be fined, upon conviction, in an amount
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. The penalty provided by this section shall be cumulative
of all other penalties allowed by law, including without limitation,
civil remedies available for enforcement of this Ordinance.
SECTION 7. THAT the sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section,
paragraph, sentence, phrase, clause or word in this Ordinance or
application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares that it would
have passed such remaining portions of this Ordinance despite
ORD 2016-46 P&Z Page 5 of 6
such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 8. THAT the Town Secretary of the Town of Trophy Club is hereby
directed to publish, the Caption, Penalty and Effective Date Clause
of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 9. THAT the Town Secretary of the Town of Trophy Club is hereby
directed to engross and enroll this Ordinance by filing this
Ordinance in the ordinance records of the Town and in accordance
with the Town Charter.
SECTION 10. THAT this Ordinance shall become effective from and after its date
of adoption and publication as provided by law, and it is so
ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 11th day of October 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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Holly Fimbres, Town Secretary /*
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J. Da odd Ill, Town Attorney
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ORD 2016-46 P&Z Page 6 of 6