ORD 2005-09TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-09 P&'Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY
STRUCTURES", IN ITS ENTIRE,RY AND ADOPTING A NEW SECTION
35, ENTITLED "ACCESSORY STRUCTURES"; PROVIDING FOR THE
INCORPORATION OF PREMISES; PRESCRIBING CRITERIA
RESIDENTIALLY ZONED DISTRICTS; PROVIDING CRITERIA FOR
NON-RESIDENTIAL ACCESSORY STRUCTURES; SETTING FORTH
CRITERIA FOR PROHIBITED STRUCTURES; PROVIDING
PROVISIONS FOR LOCATION; SETTING FORTH REQUIREMENTS
FOR DETACHED GARAGES; PRESCRIBING PROVISIONS FOR
DESIGN CRITERIA; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a home
rule municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and
WHEREAS, on March 21, 2000, the Town Council adopted Ordinance No. 2000-06
P&Z, the same being the Comprehensive Zoning Ordinance, (hereinafter referred to as "CZO"),
establishing zoning regulations for the Town; and
WHEREAS, due to the evolving needs of the community specifically relating to
accessory uses and structures, and advancements in the construction materials industry, Town
staff has recommended an update to Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and
WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning
Ordinance in order to provide additional uses, structures and materials for accessory buildings
and structures within the Town; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Accessory structures less than one hundred twenty (120) square feet of floor area
shall not require a building permit.
b. The following structures and uses shall be permitted as accessory to the principal
structure provided that none shall be a source of income to the owner or user of
the principal single-family dwelling,
1. Detached private garage in connection with any use, provided that no such
garage shall face a golf course; and provided that any detached garage
which faces a street be located a minimum of forty-five feet (45') from the
front property line; and provided, however, that the requirement that no
such garage face any street shall not apply where the rear yard of a lot abuts
a street which is contiguous to the perimeter of the Town, unless otherwise
provided by ordinance.
2. Cabana, pavilion, gazebo
3. Storage/utility buildings (masonry or wood)
4. Greenhouse (as hobby, not business)
5. Home workshop
6. Flag Pole less than twenty feet (20')
7. Tennis court
8. Basketball court
9. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable
Zoning District.
c. In all residentially zoned districts, when any of the foregoing permitted
residential accessory uses are detached from the principal single-family dwelling,
such accessory uses shall be located a minimum of forty-five feet (45') from the
front property line, a minimum of twenty feet (20') from any street right-of-way,
a minimum of six feet (6') from rear and side lot lines. An accessory use shall
not be located within any identified easement. In addition, accessory structures
permitted in these districts shall not exceed one story in height, except for
storage/utility structures which shall not exceed 6 feet in height.
B. Non -Residential Accessory Structures: All non -residentially zoned districts shall be
subject to the following regulations. The following shall be permitted as accessory uses,
provided that such use shall be located not less than twenty feet (20') from any street right-
of-way:
1. Permitted Accessory Structures and Uses in CG -Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50') to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Tenipora y Uses.
2. Permitted Accessory Structures and Uses in CR -Commercial District: The
following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable Zoning
District.
3. Permitted Accessory Uses in GU -Governmental Use District and in PO -
Professional Office District: The following uses shall be permitted as accessory,
provided that none shall be a source of income to the owner or user of the principal
use:
a. All other uses and structures which are customarily accessory, and clearly
incidental to the structures, and which are allowed within the applicable Zoning
District.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure located within any zoning district, with exception of a flag
pole shall not be located in any front yard, as defined by this ordinance, and shall be located
at least ten feet (10') from any dwelling, or structure existing or under construction on the
same lot or any adjacent lot.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage,
shall be permitted as an accessory structure in a residential district, except as otherwise
specifically provided.
3. Any detached garage shall setback at least forty-five feet (45') from the front property
line of a residential lot.
4. Corner lots may have detached garages facing a side street if they set back a minimum
of thirty five feet (35') from the side street; however, no drive cuts will be allowed
from any street classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the regulations
as specified by the applicable zoning district. However, accessory structures that are
normally constructed in such a manner that masonry exterior surfaces are neither
practical nor appropriate are excluded from the masonry requirements, including but
not be limited to gym sets, playhouses, and greenhouses.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed
with an aluminum material so long as that material resembles wood -like construction
and such material has been approved by the Town's Planning and Zoning Coordinator.
SECTION 3.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting accessory structure
regulations which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that propose the Ordinance shall remain in full force and
effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Cougeil of the Town of Trophy Club, Texas,
this 2nd day of May, 2005. ,/
Effective Date: May 7, 2005
ATTEST:
Town of Trophy Club, Texas
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas