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Agenda Packet P&Z 01/03/2013Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, January 3, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM 1.2012-647-T Review and approve the minutes of the December 20, 2012, Planning and Zoning Commission meeting. MeetingMinutes 122012.pdfAttachments: REGULAR SESSION 2.2012-648-T Discussion of the Preliminary and Final Plats and Site Plan of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects on behalf of The Church at Trophy Lakes. 3.2012-635-T Discussion of permitted uses in zoning districts, Article III of Chapter 13-Zoning of the Town of Trophy Club Code of Ordinances including Article II - General Definitions, Article IV - District Regulations, Article V - Supplementary District Regulations, Article VI-Conditional and Specific Use Permits, and Article VII-Development and Design Standards, and other sections of Chapter 13-Zoning as relevant to the discussion of permitted uses in zoning districts. Section 2.02 General Definitions.pdf Article III - Est of Districts.pdf Section 4.14 - NS District Regs.pdf Section 5.10 Wireless Antennas & Facilities.pdf Article VI - CUP and SUP.pdf Article VII - Dev & Design Standards.pdf Attachments: ADJOURN *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. Planning and Zoning Commission Page 1 of 72 Meeting Date: January 3, 2013 January 3, 2013Planning & Zoning Commission Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Monday, December 31, 2013 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Carolyn Huggins Community Development Director If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2012. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 2 of 72 Meeting Date: January 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-647-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/31/2012 Planning & Zoning Commission On agenda:Final action:1/3/2013 Title:Review and approve the minutes of the December 20, 2012, Planning and Zoning Commission meeting. Attachments:MeetingMinutes 122012.pdf Action ByDate Action ResultVer. Title Review and approve the minutes of the December 20, 2012, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 3 of 72 Meeting Date: January 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, December 20, 2012 CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Hill called the Planning and Zoning Commission meeting to order at 7:02 p.m. and announced a quorum present (7 members). COMMISSION MEMBERS: Vice Chair James Stephens, Commissioner Dennis Sheridan, Commissioner Dale Forest, Chairman Gene Hill, Commissioner Clayton Reed, Commissioner Joe Lancor, and Commissioner Mark Sadley Present:7 - STAFF PRESENT: Carolyn Huggins, Community Development Director GUESTS PRESENT: Mehran Aghili, Northwest ISD Rob Morse, RLK Engineering Mark Leatherwood, Balfour Beatty Construction 2012-634-T1.Review and approve minutes of the December 6, 2012 Planning and Zoning Commission meeting. MeetingMinutes 120612.pdfAttachments: A motion was made by Commissioner Forest, seconded by Vice Chair Stephens, that this Agenda Item be Approved. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Forest, Chairman Hill, Commissioner Reed, Commissioner Lancor, and Commissioner Sadley 7 - REGULAR SESSION 2012-644-T2.Discussion and take appropriate action to consider allowing construction at Lakeview Elementary School during the holiday break, December 21, 2012 to January 2, 2013. Staff Report - PZ 122012 -Temporary Construction.pdfAttachments: Chairman Hill announced the case and asked the applicant to come forward. Planning and Zoning Commission Page 4 of 72 Meeting Date: January 3, 2013 December 20, 2012Planning & Zoning Commission Meeting Minutes Mehran Aghili, Director of Construction, Northwest ISD, stated that they are adding to Lakeview Elementary for opening of August 2013. The purpose is to increase the student capacity from 450 students to 650. They need to add about 8 classrooms to the existing building and do a major renovation inside and outside. Rob Morse is the civil engineer for the project. The contractor, BBC, is also present. Mr. Aghili gave a PowerPoint presentation that included the exterior look of the school after renovation as well as an explanation of some of the interior work to be done. They will not disturb the soccer fields. This project will extend the front driveway to provide more stacking. They will add to the gymnasium and cafeteria. The first part of this project involves doing whatever it takes to alleviate the traffic jams in the street; therefore, they are requesting a permit to extend the front driveway during the school holiday break. They will then come back with the second part of the project which is for full site plan approval. For now, permission is requested to do the front drive, to create one classroom in the library, and to cut a door between 404 and 406 to allow kids to go from one room to the next as room 406 is a special students classroom and they have equipment in room 404 and to access that equipment they will cut a door through the wall. Rob Morse, RLK Engineering, then went into more detail with the Commissioners on what construction would occur during the holiday break. When the front drive is extended, about 300-ft. of additional stacking will be created. This will allow the current parent drop-off to be shut off when the site construction begins (after P&Z and Council site plan approval). Other work will include a small portion of the sanitary sewer and a stub across the exit drive for a future water line. Water will sheet drain off the new driveway and run along the west side of the site to the rear of the property. A detention pond will be added to the northeast corner of the site and it will drain into an existing drainage channel running behind the property. Underground pipes will connect all around the building and from the roof to the detention pond. There will be a new fire loop added to the site. There are two fire hydrants out in front, but that work will not be done until the building permit is issued for the entire site. Chairman Hill asked for questions from the Commissioners. Commissioner Sheridan stated that typically he would like to see a drainage plan with queues before doing anything. He would like to see drainage with the site plan. Is there any change in the queues or the volume or direction that is going to affect the property line? Mr. Morse responded that they are adding impervious area to the site so overall discharge will increase but they are adding a detention pond to reduce their discharge to existing levels. They will not be impacting or adding downstream. Commissioner Sheridan asked if they will see a grading plan. He asked if they will be coming back to P&Z just for a permit for the building. Ms. Huggins responded that they will be coming back to the Planning and Zoning Commission for site plan approval. Commissioner Sheridan would like the MUD added to Note Number 1 on Sheet C2. Also on Number 10 the SWPP was mentioned. Do you already have one? The contractor responded that they will be turning it in tomorrow. Commissioner Sheridan asked if the Town was requiring a tree removal mitigation plan. Ms. Huggins responded that it will be part of the site plan. Mr. Sheridan asked if the temporary approval affects the mitigation plan. Ms. Huggins responded that it doesn’t. Ms. Huggins asked to make a clarification that involves trees. She stated that at the last meeting Commissioner Sadley has asked about the distance from the adjacent residential to the east and the driveway and Ms. Huggins had indicated that a 40-ft. Planning and Zoning Commission Page 5 of 72 Meeting Date: January 3, 2013 December 20, 2012Planning & Zoning Commission Meeting Minutes buffer would be required. That is not correct. The zoning for the school is R-12 which does not require a buffer. The drive way distance from adjacent residential along the east side of the site varies in distance from 25-ft. to 38-ft. The school district plans to add trees along the east side to act as a buffer between the property line and the drive way. Commissioner Sheridan asked what the agreement is with the Town for the soccer field use. Mr. Aghili responded that it was put in writing a long time ago for the Town to use the field as a soccer field. Commissioner Sheridan asked if it affects this consideration in any way. Ms. Huggins responded that it does not. She stated that the expansion and landscaping does not impact the soccer fields. The landscape plan, for instance, only takes into account the phased portion of this project, that is, the expansion area. They will not have to include the square footage of the soccer fields in the calculation of what needs to be landscaped. Commissioner Sheridan stated that Note #4 on page 3 of 11 mentions sleeving. Mr. Morse explained where sleeving will take place but explained that none will be done with this phase. Commissioner Sheridan asked about ADA compliance. Mr. Morse pointed out where the sidewalks will be located and that they will be ADA compliant. Commissioner Lancor asked if there were any areas outside the clouded area that would be constructed during the holiday break. Mr. Aghili responded that there are two temporary walls that will be constructed. One for the library and one for the gymnasium. Commissioner Lancor asked them to point out on his plans what they were referring to. They did so. Commissioner Lancor asked about a note referring to removal of a grease trap. Mr. Morse responded that the note refers to future construction not under consideration this evening. Mr. Lancor asked if there is exterior lighting addition in this. Mr. Morse responded that there is none with this request this evening. Mr. Lancor asked if there will be all night construction lighting or music to accompany or anything like that. Mr. Morse, Mr. Aghili and the contractor all responded, “No sir.” Mr. Lancor asked if all of the trees are being removed. Mr. Morse responded that not all will be removed at this time; only the trees in the clouded area will be removed to allow the new pavement. Mr. Lancor asked for confirmation that these will be accounted for in the landscape plan that the Planning and Zoning Commission will see later? Mr. Morse responded, “That’s correct.” Mr. Lancor asked if the paving will have to come out when the building additions are constructed. Mr. Morse went over again what will be demolished and what will remain. Mr. Lancor then stated, “So, the bulk of that loop that is going to be put in is going to be taken back out.” Mr. Morse responded, “No, not the new one.” Mr. Lancor asked for this to be pointed out on his plans. Mr. Morse did so. Chairman Hill asked for additional questions. There were none and he called for a motion. A motion was made by Commissioner Sheridan, seconded by Commissioner Reed, that this Agenda Item be Approved. The motion carried by the following vote. Aye:Vice Chair Stephens, Commissioner Sheridan, Commissioner Forest, Chairman Hill, Commissioner Reed, Commissioner Lancor, and Commissioner Sadley 7 - 2012-635-T3.Discussion of permitted uses in zoning districts, Article III of Chapter 13 of the Town of Trophy Club Code of Ordinances. Planning and Zoning Commission Page 6 of 72 Meeting Date: January 3, 2013 December 20, 2012Planning & Zoning Commission Meeting Minutes Article III, Chapter 13 - Zoning Ord Use Tables.pdfAttachments: Chairman Hill announced the discussion and asked Ms. Huggins for any statement. Ms. Huggins asked the Commissioners for a general idea of some of the changes they would like to see made to the Use Tables and she would then research the requested changes and bring the Tables back to the Commissioners as many times as needed until they feel it is in the format they desire to take forward to Council. Commissioner Lancor suggested that it could be simplified with a whole lot of the “P’s” changing to “C’s” because you’ve got to allow for cell towers somewhere but you do need to have oversight. And, the industry has changed in the care for disabled and nursing and convalescent homes. There has gotten to be a broader offering. There are the very inexpensive ones where they are compact and I’ve seen attempts to label a minimum room size on them as a way of characterizing what they are and the idea of a decent full time convalescent facility adjacent to residential is not a bad thing if done properly. It’s good for everybody. It’s the lower cost varieties that are causing the difficulties – the higher density ones. On that, it may be that you have to break down and do a density control item. I’ve seen that per the minimum room sizes and minimum onsite facilities. It doesn’t seem like there is anything that we can completely throw out of the boat. Commissioner Sheridan stated that he disagrees. He said that State regulations have more to do with you can’t prevent them from doing this… it doesn’t mean you have to include it in your chart. For example, churches can go in anywhere. You can’t stop them. They can go in any zoning but that doesn’t mean you have to put a church on this piece of paper that says they can go there. On Page 16, under NS district it talks about low impact service facilities, not including retail uses. I’m going to go through everything, but I wanted to make that point that just because State law may require to have them and we can’t discriminate against them doesn’t mean we have to go solicit them. On page 19, under residential uses I would like to delete number 9, Home of Developmentally Disabled. If someone wants to come to us and say they want to do that type of project, they can ask for a variance. Under number 15, I’d like to delete the word “orphanage”. Under that category I’d like to change the “P’s” to all “C’s” under “NS”. Make retirement homes a “C”. Switching to page 21 and 22, remove the retail uses since “NS” is not meant to be for retail uses. Chairman Hill stated that there are only two categories that have an “S” under “NS” are “beer and wine sales” and “sales of mixed beverages in restaurants”. Commissioner Sheridan stated that ultimately he is envisioning that hard corner to be sold off and developed as retail. He believes that is a beautiful retail site and “we ought to encourage it because we need the retail on that hard corner”. But, I’d like to see a special use requirement for that corner. Commissioner Sadley asked for the definition for a utility facility (Line 17 on page 20). Is that power and water or is that also something like a Telecom brick building sealer up with air conditioners going all day? Commissioner Sheridan replied that it could be anything from a transformer station with open chain link fence to… whatever… but I’m trying not to put my prejudice against municipal buildings and ask them to be removed to since they are non-tax paying organizations. Commissioner Sadley stated that his wife and he used to be involved quite a bit in working with various nursing homes and the room size is very applicable to quality not in just the building but in the traffic through Town. He thinks there out to be some way to address that in advance of a crisis, if possible. Commissioner Sheridan stated that would be addressed in other pages of the document. Based on the last meeting I only addressed my email to the chart, but if Planning and Zoning Commission Page 7 of 72 Meeting Date: January 3, 2013 December 20, 2012Planning & Zoning Commission Meeting Minutes we are playing with the chart we are opening up the whole document. We could turn number 17 to “C’s”. Ms. Huggins stated that in the zoning ordinance the definition for “Utility, Distribution Lines” is “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”. Commissioner Sheridan said that if it comes in as a “P” then they can do anything they want. If it’s a “C”, then we can have landscaping (which dies) around the cell towers, or fencing or masonry or something. We have more control over what goes there. I would recommend we take the “P’s” across the board and turn them into “C’s” and also broaden the scope to review the definitions of these facilities. Commissioner Reed asked if the Commissioners were recommending that minimum size rooms be set for nursing home type facilities. He stated that retirement homes and nursing homes are getting horribly expensive and he can imagine that people that have lived here in Trophy Club 30 years like he has and it comes time to move into one of these homes and he wouldn’t need a big place. A place with small rooms could be best. He questions getting involved in telling people how big they have to make the rooms. There are some people who will want big rooms and other people will pay less because they can only afford the small rooms. Commissioner Sheridan stated that is a current conversation in his house because they are both retired and they don’t need a big house. At the same time, he still owns a house in a neighborhood and he wants to maintain the quality of his neighborhood within the culture that he has grown accustomed to. This is one of those things where he would like reasonable limitations or requirements that would maintain his property value. He isn’t sure what reasonable is. He doesn’t need a big house or big rooms either, so he agrees with Commissioner Reed, but he also is saying that there aren’t a whole lot of affordable retirement areas in this area. At the same time, if we bring in something that is affordable, I don’t want it next to my house. Vice Chairman Stephens stated that his mother is currently a resident in the St. Louis area in a place called Delmar Gardens. It is huge and they have several locations in the area. His mother has a roommate. You go down a hallway and that opens up into a big area that is a dining hall for that group of people. There are PT rooms and rooms for worship. He stated that he was dumbfounded at how beautiful it was when he walked into the place. It is expensive, but they have the facilities and personnel there to do the other things you might want to do – like bridge, golf, fishing, etc. Chairman Hill stated that there is a broad range in these facilities from people who are pretty self-sufficient and mobile across to reaching a point where there is assisted living with full time nursing – a full time nursing home. He stated that he is seeing his sister-in-law approaching extreme end of care and yet there are a lot of people moving from housing to living, in the preliminary stages, where they are fairly self-sufficient. The spectrum is quite wide and it depends on how much money is available when entering into that type of place. Vice Chairman Stephens stated that it is hard to legislate. Commissioner Reed stated that it is a pretty touchy subject and he suggested that the Commission think “old” as they try to put this together. Referred to the Planning & Zoning Commission due back on 01/03/2013 ADJOURN Meeting adjourned at 7:55 p.m. Planning and Zoning Commission Page 8 of 72 Meeting Date: January 3, 2013 December 20, 2012Planning & Zoning Commission Meeting Minutes _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Community Development Director Planning and Zoning Commission Page 9 of 72 Meeting Date: January 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-648-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/31/2012 Planning & Zoning Commission On agenda:Final action:1/3/2013 Title:Discussion of the Preliminary and Final Plats and Site Plan of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects on behalf of The Church at Trophy Lakes. Attachments: Action ByDate Action ResultVer. Title Discussion of the Preliminary and Final Plats and Site Plan of Lot 1, Block A, The Church at Trophy Lakes, 11.603 acres located at 800 Trophy Club Drive. Applicant: Shane Harris, RGA Architects on behalf of The Church at Trophy Lakes. Planning and Zoning Commission Page 10 of 72 Meeting Date: January 3, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-635-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/8/2012 Planning & Zoning Commission On agenda:Final action:1/3/2013 Title:Discussion of permitted uses in zoning districts, Article III of Chapter 13-Zoning of the Town of Trophy Club Code of Ordinances including Article II - General Definitions, Article IV - District Regulations, Article V - Supplementary District Regulations, Article VI-Conditional and Specific Use Permits, and Article VII-Development and Design Standards, and other sections of Chapter 13-Zoning as relevant to the discussion of permitted uses in zoning districts. Attachments:Section 2.02 General Definitions.pdf Article III - Est of Districts.pdf Section 4.14 - NS District Regs.pdf Section 5.10 Wireless Antennas & Facilities.pdf Article VI - CUP and SUP.pdf Article VII - Dev & Design Standards.pdf Action ByDate Action ResultVer. Planning & Zoning Commission12/20/2012 1 Title Discussion of permitted uses in zoning districts, Article III of Chapter 13-Zoning of the Town of Trophy Club Code of Ordinances including Article II - General Definitions, Article IV - District Regulations, Article V - Supplementary District Regulations, Article VI-Conditional and Specific Use Permits, and Article VII- Development and Design Standards, and other sections of Chapter 13-Zoning as relevant to the discussion of permitted uses in zoning districts. Planning and Zoning Commission Page 11 of 72 Meeting Date: January 3, 2013 Section 2.02 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: 1. 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. 2. Accessory Use: A use subordinate to and incidental to the principal use. 3. Acreage, Gross: The total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. Acreage, Net: The total acreage of a subdivision less those areas dedicated to public use, such as street and alley right-of-ways, open spaces and public parks. Provided, however, that easements shall be included in net acreage calculations. 5. Airport: A landing facility for aircraft approved by the United States Federal Aviation Agency. 6. 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. 7. All ey: A public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. Animal Pound/Shelter (Private): A facility for the incarceration of small domestic animals for short periods of time. 9. 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. 10. 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. 11. Apartment: A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. 12. 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. 13. Architectural Grade Metal: A non-flat, non-reflective metal panel specifically designed for the use as a fence. 14. Area of lot: The net area of the lot and shall not include portions of streets and alleys. 15. Art Studio: An area for the collection, display, distribution, or instruction of objects of art. Planning and Zoning Commission Page 12 of 72 Meeting Date: January 3, 2013 16. Art Supply Store: An establishment offering for sale those materials used by conventional artists for the preparation of their art form. 17. Attached: Any structure that shares a common wall or foundation with the primary structure. 18. 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. 19. Basement: A building story which is partly underground and having at least one-half (½) of its height below the average level of the adjoining ground. 20. 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. 21. 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. 22. 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. 23. Breezeway: A covered passage one story in height connecting a main structure and an accessory building. 24. 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. 25. Building: A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 26. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her designee. 27. 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. 28. Cabana: A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 29. Carport: A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. 30. Cemetery or mausoleum: An area or structure designed to contain the remains of humans for permanent interment. 31. Children’s Playhouse: A non-commercial single story structure of less than one hundred twenty square feet (120) used exclusively for the recreational purpose for children. Said structure shall in no ways be used for habitation. 32. Church: A place of worship and religious training of recognized religions, including the on- site housing of ministers and families, priests, rabbis and nuns. 33. Clinic: An institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. Planning and Zoning Commission Page 13 of 72 Meeting Date: January 3, 2013 34. 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. 35. 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. 36. 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. 37. Commercial Amusement: An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 38. 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. 39. 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 non-profit civic organization. 40. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 41. 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. 42. Condominium: The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 43. 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. 44. Corner Lot: A lot situated at the junction of two (2) or more streets. 45. 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. 46. Convent: Residence of nuns and other accessory activities which are associated therewith. 47. Crafts and Hobby Shops: A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. 48. 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. 49. Cultural Building and Facilities: A building or complex of buildings that house cultural facilities owned and/or operated by a governmental agency or private non-profit agency. Planning and Zoning Commission Page 14 of 72 Meeting Date: January 3, 2013 50. 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. 51. 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. 52. 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. 53. 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 paves, colored concrete or a combination thereof. 54. 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 of Trophy Club and shall be accomplished through platting the property or by a special instrument. 55. Depth of Front Yard: The minimum distance from the front lot line to the front line of a building. 56. 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. 57. 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. 58. 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. 59. Detached: Any structure that does not share a common wall or foundation with the primary structure. 60. 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. 61. District: A section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 62. Drip Line: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 63. Dry Cleaner, Pick-Up and Drop-Off: A retail establishment where fabrics are cleaned with Planning and Zoning Commission Page 15 of 72 Meeting Date: January 3, 2013 substantially non-aqueous solvents. 64. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning or laundry for off- premises service outlets and retail establishments. 65. Duplex: A detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 66. Dwelling: An enclosed building or portion thereof having accommodations for only one family or occupied by one family. 67. 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. 68 Efficiency Apartment: A dwelling unit in a multi-family 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. 69. Electrical Generating Station: A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures. 70. Electrical Substation: A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwelling and other structures. 71. 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. 72. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120 sq. ft.) in area normally open to the air. 73. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. 74. Extended 72 Hour Maximum Stay Surgery Center: Shall mean 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. 75. 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. Planning and Zoning Commission Page 16 of 72 Meeting Date: January 3, 2013 76. 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. 77. Family Home: Shall have the meaning as defined by Chapter 42 of the Texas Human Resources Code. 78. 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. 79. Fire or Police Station: A facility designed to provide public protection from the dangers of fire and crime. 80. 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 (½) floors. 81. Florist Shop: A shop offering flowers, flower arrangements services and associated products for sale. 82. Four-Plex or Quad-Plex: A detached building containing four (4) single-family attached dwellings. 83. 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. 84. 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, shall be constructed of similar style and material as the main structure. 85. 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. 86. 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”) 87. 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. 88. 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. Planning and Zoning Commission Page 17 of 72 Meeting Date: January 3, 2013 89. Golf Course (Commercial): A golf course, privately owned but open to the public for a fee and operated as a commercial venture. 90. Grocery Store: A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar products for human consumption for off-premises consumption only. 91. Group Home for the Disabled: 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. 92. As used herein, the term “disabled” shall mean having i. 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; ii. A record of having such an impairment; or iii. Being regarded as having such an impairment. 93. 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 center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. 94. 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. 95. 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. 96. 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. 97. 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. 98. 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 tin 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. 99. Hospital: Shall mean a facility or area for providing health services primarily for human in- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Planning and Zoning Commission Page 18 of 72 Meeting Date: January 3, 2013 100. 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, use and upkeep of furniture. 101. 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. 102. 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 i. Housing constructed of sectional or pannelized systems not utilizing modular components; or ii. 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. 103. Kindergarten: School for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 104. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 105. 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. 106. Lot Coverage: The total area of a lot upon which is placed a building, buildings or other structures. 107. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines. 108. 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 109. Lot Frontage: The length of street frontage between property lines. 110. 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 Planning and Zoning Commission Page 19 of 72 Meeting Date: January 3, 2013 either more or less than ninety (90) degrees. 111. 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. 112. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of another lot. 113. 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. 114. 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. 115. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with decorative facing. 116. 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 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. 117. 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. 118. May: Shall mean discretionary, and not mandatory. 119. 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. 120. 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. 121. 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. 122. 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 Planning and Zoning Commission Page 20 of 72 Meeting Date: January 3, 2013 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. 123. Monastery: Residence of monks or priests and other accessory activities which are associated therewith. 124. 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. 125. Multi-family Dwelling: A building or buildings containing or aggregating four or more single- family dwelling units. 126. 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. 127. Natural Vegetation: Living plant material. 128. 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. 129. 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. 130. Office, Business and Professional: A room or group of rooms for the provision of business and professional services, not including retail sales or production. 131. 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. 132. Off-Street Parking: Concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 133. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent. 134. Open Space: All land designated for the recreational enjoyment and/or natural beauty of the area. 135. 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. 136. Outside Storage: The storage of commodities, goods and/or refuse outside of an enclosed building. 137. Park: Land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational and/or open areas. 138. 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. 139. Pavilion: An open structure without walls but covered with a roof. The structure may be of Planning and Zoning Commission Page 21 of 72 Meeting Date: January 3, 2013 wood construction and shall have a roof construction consistent with residences within the Town. 140. Pawn Shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. 141. 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. 142. Person: Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 143. Pedestrian Path: A paved pedestrian way generally located within the public street right-of- way, but outside of the street or roadway. 144. Pharmacy, Drug Store, Apothecary: An establishment offering over the counter and prescription drugs and allied products for retail sale. 145. Photographic Studio: A building or portion of a building as a place of work for a photographer. 146. 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. 147. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager of the Town of Trophy Club Texas, or his or her designee. 148. 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. 149. Playground: An area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swing set, 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. 150. 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. 151. Principal Structure: A building or structure, the use of which is a principal use. 152. Principal Use: A use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 153. Private: The exclusion of those who have not been invited. 154. 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. 155. Professional: Service shall mean work performed by a member of a profession licensed as a profession by the State of Texas. Planning and Zoning Commission Page 22 of 72 Meeting Date: January 3, 2013 156. Public: Promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit-making organizations. 157. 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, drainage way or other public way. 158. Public Utility: Any person, corporation or other entity owning or operating for compensation within the Town equipment or facilities for i. Producing, generating, transmitting, selling or furnishing electricity; ii. Conveying, transmitting or receiving communications over a telephone; iii. Providing, furnishing or selling water or sewer services; iv. Producing, transporting, furnishing or selling natural gas; or v. Providing, furnishing or selling cable television. 159. 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. 160. Recreational Vehicle Camp Grounds: 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. 161. Rectory: Residence of ministers or priests and other accessory activities which are associated therewith. 162. Religious Institution: Shall be held to include a church as defined herein. 163. Repair: The reconstruction or renewal of any part of an existing building or structure for the purpose of maintenance 164. 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 non residential purposes. 165. Restaurant or Café: 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. 166. 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. 167. Restaurant with Alcoholic Beverage Sales: A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty percent of total sales. 168. 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. Planning and Zoning Commission Page 23 of 72 Meeting Date: January 3, 2013 169. 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. 170. Retirement Home: A development facility providing dwelling units specifically designed for the needs of ambulatory persons who have retired from active vocations. 171. 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. 172. 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. 173. 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. 174. 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. 175. Screening: To conceal an object from public view by means of landscaping materials or an opaque fence. 176. 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. 177. 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. 178. Shall: Means mandatory, and not discretionary. 179. 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. 180. 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. 181. 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. 182. 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. Planning and Zoning Commission Page 24 of 72 Meeting Date: January 3, 2013 183. 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. 184. Stable (Private): A stable with a capacity for not more than four (4) horses, mules, or other domestic animals. 185. Stadium: Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. 186. Storage: A space or place for storing and safekeeping of goods in a warehouse or other depository. 187. Storage/Utility Building: A non-commercial structure that is secondary to the primary structure and is used primarily for storage of garden & 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. 188. 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. 189. Street: Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. 190. Street, Private: Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. 191. Street, Public Dedicated: Any parcel of land dedicated to the public and used or which may be used specifically as a thoroughfare. 192. Street Right-Of-Way: A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 193. Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 194. 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. 195. 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. 196. 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 re-subdivision of land or lots which are part of a previously recorded subdivision. 197. 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 of Trophy Club. 198. Swimming Pool (Commercial): A swimming pool with accessory facilities, not part of the Planning and Zoning Commission Page 25 of 72 Meeting Date: January 3, 2013 municipal or private recreational system, and not a private swim club, but where the facilities are available to the general public for a fee. 199. 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. 200. Town: Shall mean the Town of Trophy Club, Texas. 201. Town Engineer: The duly authorized person in charge of engineering for the Town, or that person's designated representative. 202. Town Planner: The duly authorized person in charge of planning for the Town, or that person’s designated representative. 203. Townhouse/Townhome: A single-family attached dwelling unit on a separately platted lot which is joined to another selling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 204. 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 (4½’) feet 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. 205. Triplex: A moderate density use and shall mean a detached building containing three (3) single-family attached dwelling units. 206. Use: The purpose for which land or buildings are or may be occupied in a zoning district. 207. 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. 208. 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. 209. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board, rail, picket, lattice, and wrought iron. 210. Wholesale Business: A commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. 211. 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. 212. Width of Side Yard: The least distance between a side wall of a building and the side line of the lot. 213. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron. 214. 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 Planning and Zoning Commission Page 26 of 72 Meeting Date: January 3, 2013 requirements limiting obstruction of visibility are observed. 215. Yard Area: The front, side, and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. 216. 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. 217. 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. 218. 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. 219. Zoning District: A classification applied to any certain land area within the Town stipulating the limitations and requirements of land usage and development. 220. Zoning Map: The Official Zoning Map of the Town of Trophy Club together with all amendments thereto. B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Town Council of the Town of Trophy Club 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 Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. (Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00; Definition No. 74, Ord. No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003-28 P&Z, § II, 12-1-03; Definition Nos. 9, 13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133, 147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7- 18-05) Planning and Zoning Commission Page 27 of 72 Meeting Date: January 3, 2013 Article III Establishment of Districts Section 3.01 District Classifications The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown and described on the Zoning Map of the Town of Trophy Club, 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. 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 provided 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 Planning and Zoning Commission Page 28 of 72 Meeting Date: January 3, 2013 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. (Ord No. 98-29, § XI, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XI, 3-21-00) Planning and Zoning Commission Page 29 of 72 Meeting Date: January 3, 2013 Section 3.02 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 Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings. (Ord No. 98-29, § XII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XII, 3-21-00) Planning and Zoning Commission Page 30 of 72 Meeting Date: January 3, 2013 Section 3.03 Classification of New and Unlisted Properties 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 Conditional Use Permit Required S Denotes a Specific Use Permit Required 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 A. RESIDENTIAL 1. Caretaker or Guard Residence C 2. Dwelling, Duplex 3. Dwelling, Manufactured Housing P 4. Dwelling, Multi-Family Apartment 5. Dwelling, Mobile Home 6. Dwelling, One Family Attached 7. Dwelling, One Family Detached P P P P P P P P P P P P 8. Family Home C C C C C C C C C C C C 9. Home for Developmentally Disabled P 10. Hotels 11. Motels 12. Nursing, Rest & Convalescent Home PC 13. Recreational Vehicle Campgrounds 14. Religious Convent, Rectory, Monastery PC 15. Retirement Home, Orphanage PC B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples & Synagogues C C C C C C C C C C C C P P P P P 2. Eleemosynary Institutions C. EDUCATIONAL 1. Children’s Day Care Center & Kindergarten P P 2. Junior Colleges, Colleges & Universities 3. Schools, Private Business & Professional P 4. Schools, Primary & Secondary P P P P P P P P P P P P P P P P P 5. Schools, Vocational, Technical & Trade Planning and Zoning Commission Page 31 of 72 Meeting Date: January 3, 2013 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 D. COMMUNITY FACILITIES 1. Athletic Field, Stadium, Auditorium, Gym P 2. Cemetery and Mausoleums P 3. Commercial Swimming Pool P 4. Cultural Buildings and Facilities C C C P 5. Golf Course, Clubhouse, Related Facilities P 6. Gov. Maint Bldg, Storage Yards C C C 7. Municipal Admin, Public Service Facilities P P P P P P P P P P P P P P P P P 8. Park, Playground, Playlots, Related Facilities P P P P P P P P P P P P P P P P P 9. Privately Owned & Operated Playground C C C C C C C C C C C C C C C C C 10. Public Animal Pounds & Shelters 11. Public Safety Facilities P P P P P P P P P P P P P P P P P 13. Radio, Television Microwave Towers C C C C C C C C C C C C C C C C C 14. Social, Recreational, Assembly Bldgs P P P 15. Tennis, Handball, Racquet Ball Clubs P 16. Utility Facilities, Garage, Storage Bldg/Yard C C 17. Utility Facilities, Distribution Lines PC PC PC PC PC PC PC PC PC PC PC PC PC PC PC PC PC 18. Utilities Facilities, Energy Plant C C 19. Utility Facilities, Office P C C E. PROFESSIONAL 1. Accounting Office P P 2. Admin, Executive, Editorial Office P P 3. Architectural, Eng, Planning Office P P 4. Attorney’s Office P P 5. Hospital 6. Insurance Office P P 7. Extended Stay Surgery Center 8. Personal/Family Counselor P P 9. Physician and/or Dentist P P 10. Public Secretary P P Planning and Zoning Commission Page 32 of 72 Meeting Date: January 3, 2013 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 F. BUSINESS 1. Barber, Beauty, Styling Shops P P 2. Health, Athletic Shops P P P 3. Massage Shops 4. Medical, Dental, Chiropractic, Optometry, etc. P P 5. Real Estate Office P P 6. Tanning Salon P 7. Travel Bureau or Agency P P 8. Weight Reduction Studio P P P G. RETAIL 1. Art Studio P 2. Art Supply Store P 3. Arts, Crafts, Hobby Shops P 4. Bakery Shops P 5. Bicycle Shop P 6. Beer & Wine Sales (Off-Premise Consumption Only) S* S* S* S* S* S* 7. Confectionary Shop P 8. Dairy Food Shop P 9. Dance Studio P 10. Drug Store, Apothecary, Pharmacy P 11 Dry Cleaners, Pick-up and Drop-off P 12 Dry Cleaning Plan 13 Duplication and Mailing Service P 14 Electrical Goods and Fixtures P 15 Fabric and Knitting Shop P 16 Florist P 17 Grocery Store P 18 Hardware Store P 19 Household Appliance Store P 20 Household Furnishings, Fixtures P 21 Ice Cream Shop P 22 Jewelry, Watch Store P 23 Music Store P 24 Tanning Salon P 25 Pawn Shop P 26 Photograph Service & Studio P P 27 Printing, Publishing, Engraving P 28 Restaurant C C C 29 Restaurant, Drive-In 30 Restaurant w/Alcoholic Beverage Sales C C C Planning and Zoning Commission Page 33 of 72 Meeting Date: January 3, 2013 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 G. RETAIL CONT’D 31 Sale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only S* S* S* S* S* S* 32 Sporting Goods Store P P 33 Wallpaper, Paint Store P 34 Wearing Apparel Store P H. RECREATIONAL 1. Community Center (Non-Profit) C C C C C C C C C C C C C C C C P 2. Country Club, Private P 3. Golf Course P 4. Private Health Club P P P 5. Private Stable P 6. Swimming Pool (Private Club) P 7. Swimming Pool, Tennis Court (Non- Profit) C C C C C C C C C C C C C C C C P 8. Tennis Court (Private Residence) C C C C C C C C C C C C (Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28 P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use F(6), Ord. No. 2005-07 P&Z, § 4/18/05) Planning and Zoning Commission Page 34 of 72 Meeting Date: January 3, 2013 Section 4.14 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 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 3.03, 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 5.03, Accessory Structures. 2. Conditional Uses: Conditional uses may be permitted within the NS Neighborhood Service District in accordance with the regulations provided in Section 6.01, 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 of Trophy Club, 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 5.09, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 7.03, Landscaping Regulations, has been approved. D. Density Regulations: None. E. Height Regulations: Except as provided by Section 5.04, 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. Planning and Zoning Commission Page 35 of 72 Meeting Date: January 3, 2013 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 5.05, 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 7.04, 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 7.05, Off-Street Loading Requirements. J. Landscaping Requirements: Landscaping shall be required in accordance with Section 7.03, 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 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. (Ord No. 98-29, § XXVII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XXVII, 3-21-00) Planning and Zoning Commission Page 36 of 72 Meeting Date: January 3, 2013 Section 5.10 Wireless Antennas & 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; 5. Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and 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: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) 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. Planning and Zoning Commission Page 37 of 72 Meeting Date: January 3, 2013 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. 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 tower, 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 of Trophy Club 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 Sections 5.10(C)(9) & (11) below. 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. Planning and Zoning Commission Page 38 of 72 Meeting Date: January 3, 2013 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. 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 Section 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. Planning and Zoning Commission Page 39 of 72 Meeting Date: January 3, 2013 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 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. Set Backs 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. G. Placement of Antenna Facilities (Other Than Amateur Radio, TV, and Satellite Receive- Only Antennas) within Land Use Thresholds Planning and Zoning Commission Page 40 of 72 Meeting Date: January 3, 2013 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 non-residential Planned Development zoning districts. 2. Undeveloped Residential "UR": Property within 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, 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, R8, 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 paragraphs 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 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. Planning and Zoning Commission Page 41 of 72 Meeting Date: January 3, 2013 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 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. Planning and Zoning Commission Page 42 of 72 Meeting Date: January 3, 2013 Antenna Facility Siting Matrix Permitted Use Requires a Conditional Use Permit Prohibited Monopole over 120 ft. Monopole up to 120 ft. Level 4 Stealth Facility Level 3 Stealth Facility Level 2 Stealth Facility Level 1 Stealth Facility FC UR WC DR 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. Planning and Zoning Commission Page 43 of 72 Meeting Date: January 3, 2013 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 back haul 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 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, 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 Conditional Use Permit is sought; Planning and Zoning Commission Page 44 of 72 Meeting Date: January 3, 2013 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 Article 6, Section 6.01 of this ordinance. 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 & 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. (Ord. No. 2000-06 P&Z § XLI, 3-21-00, Repealed by Ord. No. 2001-08 P&Z, § II, 4-16-01) Planning and Zoning Commission Page 45 of 72 Meeting Date: January 3, 2013 Article VI Conditional & Specific Uses Section 6.01 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 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 Planning and Zoning Commission Page 46 of 72 Meeting Date: January 3, 2013 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 53, 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 of Trophy Club; 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 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 Sections 7.04, Off-Street Parking Requirements and Section 7.05, Off-Street Loading Requirements, of this ordinance, 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; Planning and Zoning Commission Page 47 of 72 Meeting Date: January 3, 2013 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. 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: A conditional use permit shall expire one (1) year after the date of issuance if the permit holder has failed to either: 1. Obtain a building permit and begin the erection or alteration of the structure for which the permit was issued; or 2. Obtain an occupancy permit for the structure and commence a use. 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. 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. (Ord No. 98-29, § XLIV, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLIV, 3-21-00, Repealed by Ord. No. 2001-08 P&Z, for “Period of Validity” only, § III, 4-16-01) Planning and Zoning Commission Page 48 of 72 Meeting Date: January 3, 2013 Section 6.02 Specific Use Permit A. Purpose: The Specific Use Permit procedure is designed to provide the Planning & 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 & 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. 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 & Zoning Coordinator, who shall forward a copy to the Planning & 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 41, 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, and that Planning and Zoning Commission Page 49 of 72 Meeting Date: January 3, 2013 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 & 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. 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 Planning and Zoning Commission Page 50 of 72 Meeting Date: January 3, 2013 standards set out in Section 47, Off-Street Parking Requirements, and Section7.05, 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 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. G. Conditions And Restrictions: In considering a Specific Use Permit application, The Planning & 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. H. 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 & Zoning Coordinator so stating. I. 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. J. 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. (Ord. No. 2000-06 P&Z § XLIV, 3-21-00, Amended by Ord. 2003-10 P&Z, § III, 8-4-03) Planning and Zoning Commission Page 51 of 72 Meeting Date: January 3, 2013 Article VII Development & Design Standards Section 7.01 Fencing, Retaining Walls & 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 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 it’s 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 Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. 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 upper most surface of the retaining wall. a. Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. 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; Planning and Zoning Commission Page 52 of 72 Meeting Date: January 3, 2013 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: a. 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: a. 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. 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 applied 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 Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. D. Materials: 1. Acceptable Materials: a. Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district. Planning and Zoning Commission Page 53 of 72 Meeting Date: January 3, 2013 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 for consideration to the Planning & Zoning Coordinator or their designee prior to fence permit approval. i. Prior to the approval of items listed in D(1)(b) above, detailed plans indicated 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)&(b) above, all other materials shall be prohibited. 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 11½, 12½ or 14 inches and posts, or ii. Ornamental iron. 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 Section L - Maintenance & Repair of Non-Living Materials, of this Ordinance. Planning and Zoning Commission Page 54 of 72 Meeting Date: January 3, 2013 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 Section 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. 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 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 the Planning & Zoning Coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinder block 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, Planning and Zoning Commission Page 55 of 72 Meeting Date: January 3, 2013 and shall: a. Locate all easements, including underground easements, roads, streets, alleys, and other right-of-ways or watercourses, and building set-back 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 re-inspection, 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 compiled 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 2. A solid fence. 3. Where a non-residential 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 non-residential use. The developer of the non-residential property shall erect the fence or wall required by this Section. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential 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 non-residential 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 50 - Parking and Loading Area Development Standards for Non-Residential Uses, item 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 & Zoning Coordinator. Planning and Zoning Commission Page 56 of 72 Meeting Date: January 3, 2013 L. Maintenance and Repair of Non-Living Material: All required screening materials shall be maintained and repaired in a neat and orderly manner at all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. Fences, walls and animal runs must be maintained in their original design and placement. The maintenance and repair of any fences, wall or animal runs shall be constructed of the same materials as the existing fence, wall or animal run. 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 area, 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 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 he 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. 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. Planning and Zoning Commission Page 57 of 72 Meeting Date: January 3, 2013 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 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. (Ord. No. 2000-06 P&Z § XLV, 3-21-00, Amended by Ord. 2005-16 P&Z, § II, 7-18-05) Code of Ordinances Cross Reference: (Fence Permit Fee), Chapter 1, § 8.03; (Animal Run Permit Fee), Chapter 1, § 8.03; (Authorized Animals), Chapter 2, Article I; (Retaining Wall Permit Fee), Chapter 1, § 8.03; (Pool Screening) Chapter 3, § 15.04; (Shrubs, Hedges, Live Screening), Chapter 13, § 7.03; (Outdoor Storage/Display Screening), Chapter 8, § 5.03 Planning and Zoning Commission Page 58 of 72 Meeting Date: January 3, 2013 Section 7.02 Deleted in Revision Planning and Zoning Commission Page 59 of 72 Meeting Date: January 3, 2013 Section 7.03 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, which ever is applicable, landscaping is found to be non-conforming to the standards and criteria of this Section, the Building Official shall issue notice to the owner, citing 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 reasonable 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 of Trophy Club, as amended. 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. 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 Planning and Zoning Commission Page 60 of 72 Meeting Date: January 3, 2013 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: Rigid compliance with thee landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an access-way intersects a public right-of-way or when the subject property abuts the intersection of two or more public right-of-ways, a triangular visibility area shall be created. 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 (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 he 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: 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 anytime the plan varies substantially from what was originally approved. Such revision should be submitted to the Town Planning and Zoning Administrator for approval. 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 Planning and Zoning Commission Page 61 of 72 Meeting Date: January 3, 2013 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 of Trophy Club, 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 of Trophy Club, 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 Article VIII of the Subdivision Regulations of the Town of Trophy Club, 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 of Trophy Club, 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 of Trophy Club, 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 of Trophy Club, 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 of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, as amended, the requirements of Article VIII shall control as applicable. H. Requirements for Non-Residential 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: 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. 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, Planning and Zoning Commission Page 62 of 72 Meeting Date: January 3, 2013 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 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 of Trophy Club, 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 of Trophy Club, 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 of Trophy Club, as amended. Where any of the provisions of this Section conflict with Article VIII of the Subdivision Regulations of the Town of Trophy Club, 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 vehicular storage which are under, on or within buildings are exempt from these standards. Planning and Zoning Commission Page 63 of 72 Meeting Date: January 3, 2013 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 right-of-ways 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 right-of-ways 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 access-ways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access-ways shall be: fifty feet (50’) for non-residential two way movements; thirty feet (30’) for residential two way movements; twenty feet (20’) for non-residential one way movements; and fifteen (15’) feet 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 Planning and Zoning Commission Page 64 of 72 Meeting Date: January 3, 2013 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 non-residential 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 Ration 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. 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 & Zoning Administrator. In addition to complying with all requirements of Section 7.03 of the CZO regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of Section 7.03 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. Planning and Zoning Commission Page 65 of 72 Meeting Date: January 3, 2013 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. Code of Ordinances Cross Reference: (Shrubs, Hedges, Live Screening), Chapter 13, § 7.01; (Sight Distance Visibility), Chapter 13, § 9.10; (Trees), Chapter 12, § 8.01, 8.3, 8.5-8.11 (Ord. No. 2000-06 P&Z § XLVII, 3-21-00, Amended by Ord. No. 2001-29 P&Z, § IV - D(2), “Trees”; G(4), “Content of Landscape Plan, (a-h); H(3), “Content of Landscape Plan” (j-l), 12-17-01, Amended by Ord. 2003-25 P&Z, § III – I, “Applicability - Relief From Landscaping Requirements”, (1-4), 12-17-03) Planning and Zoning Commission Page 66 of 72 Meeting Date: January 3, 2013 Section 7.04 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: A. 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: 1. The number of spaces required shall serve residents, customers, patrons, visitors and employees. 2. 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. 3. All maneuvering for off-street parking shall be accomplished on private property. 4. 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. 5. 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. B. 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. C. 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 1. Residential Uses Single-family dwellings; attached, detached, townhouse, duplex, HUD- Code manufactured home, industrialized housing 2 Dwelling Unit Apartment, condominiums, triplex, four-plex 2-2½ Dwelling Unit Planning and Zoning Commission Page 67 of 72 Meeting Date: January 3, 2013 2. Institutional Uses No. of Parking Spaces Required for Each 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 200sq. 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 200sq/ 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) 3. Office, Professional or Financial Uses No. of Parking Spaces Required for Each 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) Planning and Zoning Commission Page 68 of 72 Meeting Date: January 3, 2013 4. Professional Services and Retail Uses: No. of Parking Spaces Required for Each 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 Café, restaurant, cafeteria 1 125 sq. ft. gross floor area 5. Recreation, Social and Entertainment Uses No. of Parking Spaces Required for Each 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 D. 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. (Ord No. 98-29, § XLVIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLVIII, 3-21-00) Planning and Zoning Commission Page 69 of 72 Meeting Date: January 3, 2013 Section 7.05 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: A. 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: 1. 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 2. 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 350,000 over 2,300,000 1 additional (Ord No. 98-29, § XLIX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XLIX, 3-21-00) Planning and Zoning Commission Page 70 of 72 Meeting Date: January 3, 2013 Section 7.06 Parking and Loading Area Development Standards For Non- Residential 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 (150’) feet 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 foot-candle at ground level, and shall distribute not more than two-tenths (0.2) of one foot-candle 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, to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An overwide 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. Planning and Zoning Commission Page 71 of 72 Meeting Date: January 3, 2013 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 Non-Residential 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. (Ord No. 98-29, § L, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § L, 3-21-00) Planning and Zoning Commission Page 72 of 72 Meeting Date: January 3, 2013