ORD 2006-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING REGULATIONS RELATING TO OUTDOOR
STORAGE; PROVIDING FOR THE INCORPORATION OF
PREMISES; ESTABLISHING DEFINITIONS; PRESCRIBING
OUTDOOR STORAGE /DISPLAY REGULATIONS; PROVIDING
REGULATIONS FOR PORTABLE HOME STORAGE UNITS;
PROVIDING A CUMULATIVE REPEALER; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENCE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; 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 X1, Section 5 of the Texas Constitution; and
WHEREAS, outdoor storage and display on properties designated for commercial uses is
regulated by the terms and conditions of the Zoning Ordinance; and
WHEREAS, outdoor storage and display in residential districts is not currently regulated
under Town Ordinance; and
WHEREAS, the Town Council finds it necessary to prescribe regulations relating to
outdoor storage and display, specifically related to residential districts, in order to
maintain the current aesthetic excellence of the Town of Trophy Club; and
WHEREAS, the Town Council is of the opinion and finds that such regulations would
not be detrimental to the public health, safety, or general welfare, but rather will promote
and maintain the best and most orderly development of the properties affected thereby.
NOW, THE, 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.
DEFINITIONS
Outdoor Storage/Display; The keeping, displaying, maintaining, or storing of any new
or used goods, materials, merchandise or equipment on a lot, tract, or parcel of land that
is not within a structure or behind an appropriate screen for periods longer than two (2)
consecutive days per month.
Portable Home Storage Unit or POD: The use of the term Portable Home Storage Unit
or POD shall mean:
(a) Any assembly of materials which is so designed, constructed or reconstructed
to make it portable and capable of movement from one site to another,
designed to be used without a permanent foundation, designed with the
purpose of storing tangible property and not for occupancy by persons, and to
have one dimension exceeding ten feet (10'); or
(b) Any container, storage unit, shed -like container or other portable structure that
can or is used for the storage of personal property of any kind and which is
located for such purposes outside an enclosed building other than an accessory
building or shed complying with all building codes and land use requirements.
Residential District or Residential Use: An area designated for use and designed to
accommodate single family, multi -family, town home, condominium or other living uses
for single family or multi -family dwelling.
SECTION 3.
OUTDOOR STORAGE/DISPLAY REGULATIONS
A. It shall be unlawful for any person, whether owner or tenant of property in a
residential district designated for residential use to allow outdoor storage or
outdoor display of the following items visible from public right-of-way for longer
than two (2) consecutive days per month, which are not appropriately screened in
accordance with Section 4 of this Ordinance:
1. Clothes hanging from balconies, patios or other projecting
overhangs.
2. Clothes hanging from clothes lines.
3. New, broken, discarded, abandoned or inoperable property,
including but not limited to household furnishings,
appliances, boxes, cartons, lawn maintenance equipment,
landscaping supplies, machines, tools, exercise equipment
and other items.
4. Automotive equipment, including but not limited to
machinery, parts and tires.
5. Household furnishings not designed for outdoor use.
6. Exterior appliances, including but not limited to utility and
mechanical equipment.
SECTION 4.
OUTDOOR STORAGE /DISPLAY SCREENING
A. Except as otherwise specifically provided, screening shall be provided in
accordance with the following regulations:
1. Residential Districts may have outdoor storage/display, but such outdoor
storage/display shall be screened from the public view and shall comply
with the screening requirements set out in this Ordinance. Compliance
with the screening requirements of this Ordinance notwithstanding, this
Ordinance shall not be construed as authorizing screened storage which
creates, causes or allows to be maintained a nuisance or other condition
detrimental to public health safety and welfare or which violates any other
ordinance of the Town.
Z. Screening Requirements for Open Storage in Residential Districts:
a. All outdoor storage/display shall be screened from as required
herein so that it cannot be viewed from public right-of-way.
b. Screening shall be a minimum of six feet (6') in height and a
maximum of eight feet (8') in height, except as provided by
Section 3 below; and
c. Construction must comply with the fencing requirements; or
(i.) Be constructed according and compliant with the current
fencing standards; or
(ii.) Be constructed of ornamental fencing in combination with
a landscape screen; or
(iii.) Be constructed of a solid, evergreen shrub landscape screen
without a fence or wall.
(iv.) Evergreen shrubs used for a landscape screen shall be
placed so as to create at least a six-foot (6') tall solid screen
within two (2) years of their installation along the length of
the stored material. All landscaping shall be irrigated and
maintained in a healthy and growing condition.
(v.) Screening may not be constructed of chain link with slats.
3. Outdoor storage/display screening must completely conceal the outdoor
storage/display except in the case where newly planted evergreen shrubs
which will serve as a required landscape screen at maturity, have been
placed so as to produce a solid six foot (6') screen, provided that such
shrubs must completely screen the outdoor storage/display within two (2)
years of installation.
4. The screening requirements of this Subsection shall also apply to the use
of semi -trailers, storage vaults, shipping containers, or other vehicles for
storage purposes.
5. Balcony Screening. Outdoor storage/display must be completely enclosed
in a storage unit for balconies facing or viewable from public rights-of-
way.
SECTION 5.
Portable Home Storage Units
A. Permit Requirements, Application, Insurance and Fee:
1. It shall be unlawful for a person to place or maintain a PODS unit on his
or her property without a valid permit.
2. Before placing a PODS unit on his or her property, a person shall submit
an application with a site plan designating the location of the PODS unit
and obtain a permit from the Town. An insurance certificate providing
liability insurance in the amount of $100,000 provided by the company
supplying the PODS unit must accompany the application. There is a fee
of $25 for a thirty (30) day permit.
B. Duration:
1. Permits shall be granted for a period of thirty (30) days. Only one (1)
permit shall be issued per calendar year. At the expiration of the (30)
thirty -day period, applicants may seek to extend their permits for an
additional thirty (30) days by filing a request for permit extension.
Extension of a permit shall cost $50 for the additional thirty (30) day
period. Only one thirty (30) day extension shall be allowed.
C. Location:
1. PODS units are prohibited from being placed in streets or in the front yard
of a property on a surface other than an improved surface made of
materials as specified in the Town's Ordinances. PODS units shall be kept
in the driveway of the property at the furthest accessible point from the
street as shown on a site plan submitted with the permit application. PODS
shall only be placed on improved off-street surfaces as specified herein.
D. Number and Size of Units:
1. Only one (1) PODS unit may be placed upon any residential property at one
time and the size of the unit shall not exceed ten feet (10') in width or twenty
feet (20') in length.
E. Safety:
1. It shall be the obligation of the owner or user of the PODS unit to secure it
in a manner that does not endanger the safety of persons or property in the
vicinity of the unit.
SECTION G.
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 purpose the Ordinance shall remain in full force and effect.
SECTION 7.
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 8.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to
any and all violations of the provisions of any Ordinances regulating outdoor
storage/display have accrued 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 9.
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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 10.
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 11.
ENGROSSMENT AND 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 12.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 1'` day of May, 2006.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club, Texas
T
Mayor, Town of Trophy Club, Texas