ORD 2006-46TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-46 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB, TEXAS, BY REVISING CHAPTER 13,
"ZONING", ARTICLE V, "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 5.031 "ACCESSORY
STRUCTURES", PARAGRAPH (A)(1)(a), AND BY ADDING A
NEW SECTION "G", "PUBLIC VIEWS", IN ORDER TO PROVIDE
ADDITIONAL SCREENING REQUIREMENTS FOR SPECIFIED
ACCESSORY STRUCTURES ABUTTING AND VIEWABLE
FROM PUBLIC AND PRIVATE PARKS OR GOLF COURSES;
PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING AN AMENDMENT; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
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 FOR PUBLICATION; 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 the
Texas Local Government Code; and
WHEREAS, the Town Council has determined that implementing
additional zoning regulations for specified accessory structures abutting and
viewable from public and private parks or golf courses would be a benefit to the
Town by promoting an aesthetically refined community for the citizens of Trophy
Club and by protecting the integrity and character of neighborhoods; 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 and Zoning Commission of the Town has recommended
to the Town Council the approval of the proposed amendments to the Zoning
Chapter of the Code of Ordinances, as set forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of
the Town of Trophy Club, Texas at properly posted public hearings, the Town
Council now deems it necessary to adopt this Ordinance amending the Code of
Ordinances of the Town.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article V entitled, "Supplementary District Regulations" of Chapter
13, entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club,
Texas, is hereby amended to revise Section 5.03 entitled Accessory Structures
(A)(1)(a); and to add a new Sections "G" to read as follows:
"Section 5.03 Accessory Structures and Uses
An accessory structure shall comply in all respects with the requirements of this ordinance applicable to
the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Except as otherwise provided herein, and excluding pools and covers, accessory
structures less than one hundred twenty (120) square feet of floor area shall not require
a building permit. Storage/utility buildings, regardless of size shall require a permit on
all lots abutting public and private parks or the golf course.
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,
i. 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 (46) 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.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
V. Home workshop
vi. Flag Pole less than twenty feet (20')
vii. Tennis court/Basketball court
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
x. 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:
i. Behind the front building setback; and
ii. A minimum of twenty feet (20') from any street right of way; and
iii. A minimum of six feet (6') from rear and side lot lines.
d. 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 8 feet in height.
e. Height Requirements/Screening
i. Hard top pool covers shall not exceed four feet (4') in height above the outside
perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one story in
height, except for storage/utility structures which shall not exceed six feet (6') in
height.
iii. Hard top pool covers located on lots abutting golf courses or public or private
parks shall be screened from public and private view by the use of live screening
as required by this section. Live screening shall reach a minimum height of four
feet (4') within one (1) year after the date of initial planting; provided however, that
such live screening shall at no time exceed the height of an existing fence or six
feet (6') in height, whichever is less.
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 5.01, Temporary 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:
Treehouses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure, with the exception of a flag pole and signs, shall not be located in
any front yard, as defined by this Article, and shall be located at least ten (10) feet from any dwelling,
building or structure existing or under construction on the same lot or any adjacent lot, except
swimming pools, which may be located nearer than the ten (10) feet from any dwelling existing as
long as the excavation of the swimming pool does not in any way harm or endanger the existing
building or dwelling. Notwithstanding the foregoing, accessory structures are only allowed if they
comply with zoning regulations in the district which they are located.
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.
G. Public Views:
1. Except as provided in Section F(1) above all storage/utility buildings and greenhouses
a. Live Screening
i. Live screening as specified in this Section shall be required. Live screening shall at
no time exceed the maximum height allowed for a fence in that zoning district.
b. Masonry Requirements
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Accessory Structures and shall not repeal any of the provisions of
such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether
such Ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
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 the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
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 and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town and by amending
the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
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 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take 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 the 20th day of November, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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[SEAL]
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APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Club, Texas