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ORD 1994-08TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 4 - o s AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSES OF (I) CONSIDERING CERTAIN AMENDMENTS TO THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 91-01, AS AMENDED, AND (II) CONSIDERING THE ADOPTION OF AN ORDINANCE COMBINING THE COMPREHENSIVE ZONING ORDINANCE AND ALL AMENDMENTS THERETO INTO ONE ORDINANCE FOR PURPOSES OF EASE OF USE AND WITHOUT SUBSTANTIVE CHANGE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Staff is hereby instructed and directed to take all necessary steps in compliance with Chapter 211, Tex. Loc. Gov. Code Arlen. (Vernon) and the Comprehensive Zoning Ordinance of the Town, Ordinance No. 91-01, to call a joint public hearing of the Town Planning and Zoning Commission and Town Council for the purposes of (i) considering certain amendments to the Comprehensive Zoning Ordinance, as amend, and (ii) considering the adoption of an ordinance combining into one ordinance, for purposes of ease of use and without substantive change, the Comprehensive Zoning Ordinance and all amendments thereto. Section 2. The Town Staff is directed to advertise for and give notice of the joint public hearing in as expeditious a manner as is legally possible, and to select a time and location for the public meeting at a public place that is the most reasonable to accommodate the citizens, and any and all actions taken by the Town Staff to give such notice of or prepare for the joint public hearing are hereby ratified. Section 3. This Ordinance shall take effect from and after its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 7th day of July, 1994. 4ayor, TZofphy Club, Texas RUM -1-0m r Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Att rney, Town of Trophy Club, Texas -2- ZONING ORDINANCE FOR TROPHY CLUB9 TEXAS Updated July 7, 1994 PREPARED BY PLANNING RESOURCES GROUP I38 TRO 9801 GIN .Od TABLE OF CONTENTS ZONING ORDINANCE TOWN OF TROPHY CLUB, TEXAS Description _Page Preambl e i ARTICLE III ESTABLISHMENT OF DISTRICTS Section 11 District ClassiEeatioils 3.1 Section 12 Classification of New and Unlisted Uses 3.2 Section 13 Use Tables 32 ARTICLE I INTENT, PURPOSE AND METHODS Section 1 Short Title L1 Section 2 Purpose 1. I Section 3 Official Zoning lldap 1.1 Section 4 Rules for Interpretation of District Boundaries 1.2 Section 5 General Provisions 1.2 Section 6 Newly Annexed Territory 13 Section 7 Zoning Designation of Vacated Streets and Alleys 13 Section 8 Nater Areas 13 ARTICLE Ii DEFINITIONS Section 9 Catchlines 2.1 Section 10 Definitions 2.1 ARTICLE III ESTABLISHMENT OF DISTRICTS Section 11 District ClassiEeatioils 3.1 Section 12 Classification of New and Unlisted Uses 3.2 Section 13 Use Tables 32 Descri ption ARTICLE IV Page DISTRICT REGULATIONS Section 14 R-15 Singke Family District Regulations Section 15 R-12 Single Family District Regulations 4.1 Section 16 R -I1 Single Family District Regulations l•.4 Section 17 R-10 Single Family District Regulations 4.7 Section 18 R-9 Single Family District Regulations 4.10 4.13 Section 19 R-8 Single Family District Regulations Section 20 R -Fairway Village Single Family District Regulations 4.16 4.19 Section 2I R -Twenty in Trophv Single Family District DiiRegulations 4.71 Section 22 R -Oak- I -1i11 Single Family District Regulations Section 23 R -Oak; HiII Patio Single Family District Regulations 4.23 Section 24 R-Surrunit Single Family District Regulations 4._6 Section 25 k I -HUD Code Manufactured Home and 4.29 Industrialized Housing District Regulations 4.32 Section 26 PD -Planned Development District Regulations Section 27 NS - Neighborhood Service District Regulations 436 4.40 Section 28 CG - Commercial General District Regulations Section 29 CR - Commercial Recreation District Regulations 4.42 Section 30 PO - Professional Office District Regulations =I.4=1 Section 31 GU - Governmental Use District Rea 4.46 Section 32 bErlatrons H - Historic Landmark; 4.48 4.50 ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS Section 33 Temporary Uses 5,1 Section 34 Sale of Alcoholic Beverages 33 Description Screening and Fencing 71 Section 45 Tree Preservation Rage Section 35 Accessory Uses and Buildings 5.4 Section 36 Height Limits 5.7 Section 37 Required Yards 5.7 Section 38 Projections into Required Yards 57 Section 39 Right -of -Way and Easement Dedication Requirements J.8 Section 40 Nonconforming Uses and Structures 59 Section 41 Site Plan Requirements 3.11 ARTICLE VI CONDITIONAL AND SPECIAL USES Section 42 Conditional Uses 61 Section 43 Special Use Permits 64 ARTICLE VII DEVELOPMENT AND DESIGN STANDARDS Section 44 Screening and Fencing 71 Section 45 Tree Preservation 7.4 Section 46 Landscaping Regulations 77 Section 47 Off -Street Parking Requirements 7.12 Section 48 Off -Street Loading Requirements 7.15 Section 49 Parking and Loading Area Development Standards 7.16 ARTICLE VIII ADMINISTRATION AND ENFORCEMENT Section 50 Administration and Enforcement 8.1 Section 51 Certificates of Occupancy and Connpliance 83 Section 52 Amendments 84 Section 53 Planning and Zoning Commission 85 Section 54 Board of Adjustment 87 Section 55 Public Hearings 8 9 Section 56 Determination of Vested Rights 8.10 Description Pie Section 57 Penalty 8.13 Section 38 Severability Clause 8.13 Section 39 Exceptions and Exemptions not Required to be Negated 8.13 Section 60 Repeal of Conflictin; Ordinances 8.13 Section 61 Effective Date 8.13 Appendix A Illustrations and Drawings ARTICLE I INTENT, PURPOSE AND METHODS SECTION I - SHORT TITLE That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2 - PURPOSE That the zoning regulations and districts as herein established have been made in accordance wilt the Comprehensive -Plan for the purpose of promoting health, safety, morals and the General welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. SECTION 3 - OFFICIAL ZONING MAP The Town is hereby divided into the districts listed in Section II, District Classifications, as shown on the Official Zoning Map, which Zoning 1wap, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. A The Official Zoning Map shall be identified by the signature of the ?Mayor attested by the Town Secretary, and bearing the seal of the Town under the following words: 'This is to certify that this is the Official Zoning Map referred to in Section 3, Official Zoning Niap,of Ordinance Number 91-OIE of the Town of Trophy Club, Texas" tonther with the date of the adoption of this ordinance. B. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters, the Same shall be portrayed on the Official Zoning flap promptly after the amendment has been approved by the TOwtt Council. No amendments to this ordinance which involve matters portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map, C. No changes of any nature shall be made on the Official Zoning Nlap or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of Ellis ordinance. D. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the Town Secretary, shall be the final authority as to die current zoning status of land and water areas, building, and other structures in the Town. 1.1 SECRON4 - RUQ PDR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning iVfap, the following shall apply: A Boundaries indicated as approximately following the center lines of streets, highways or alleyways shall be construed to follow center Iines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following the said lot lines, C. Boundaries indicated as following Town limit lilies shall be construed as following such Town limits. D. Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. E Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Official Zoning &lap shall be determined by the scale of the map. F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections A through F above, the Board of Adjustment shall interpret the district boundaries. SECTION 5 - GENERAL PROVISIONS A Territorial Application: The regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the Town of Trophy Club, B. General Application: After the effective date of this ordinance, all buildings and structures erected, remodeled, altered and/or relocated and any use of land, buildings or structures established shall comply with the applicable provisions of this ordinance. Existing buildings, structures and uses of Iand not complying with the provisions of this ordinance may continue subject to the provisions of Section 40, Nonconforming Uses and Structures. C. General Prohibition: No buildinC or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained in any matlner except as authorized by the provisions of this ordinance. D. Private Agreements: This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or private agreement; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standard or requirements than such easement, covenants or other private agreements, tIte regulations of this ordinance shall govern. E Other Laws and Regulations: The provisions of this ordinance shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this ordinance impose greater restrictions than those 1.2 of any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. F. Applicability - Building Permits Issued Prior to Effective Date: This ordinance shall not invalidate any unexpired building permits properly issued prior to the effective date of this ordinance pursuant to which construction has commenced; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this ordinance, such btulding, structure or use shall be subject to the provisions of Section 40, Nonconforming Uses and Structure. G. Applicability - Pending Applications: From and after the effective date of this ordinance, the provisions of this ordinance shall apply to all pending applications upon which no CinaI decision has been made, subject, however, to the provisions of Section 56, Determination of Vested Rights. H Appendix - The attached Appendix is hereby made a part of this ordinance. However, all illustrations are intended to represent graphic descriptions only. The text of this ordinance shall govern in the event or any conflict that may exist or occur between the illustrations located in the Appendix and the text of this ordinance. SECTION 6 - NEWLY ANNEXED TERRITORY All territory added or annexed to the Town of Trophy Club after the date of passage of this ordinance shall be automatically classified for R-15 Single -Family District purposes until permanently zoned by the governing body of the Town of Trophy Club. The Town PhInning and Zoning Corunission shall, as soon as practicable after annexation of any territory to the Town of Trophy Club, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. SEMON 7- ZONING DESIGNATION OF VACATED STREETS AND ALLEYS Whenever any street, alley or other public way is vacated by official action of the Town Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district SECTIONS -WATER AREAS The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the Town of Trophy Club not otherwise zoned are hereby placed in the same zoning district as the land on which such water areas abut, as shown on the Official Zoning lvfap. Where the zoning districts shown on the Official Zoning flap are different oil opposite sides of a water area, then the zoning district boundary shall be at the center line or mid -point of the water area. 13 ARTICLE II DEFINITIONS SECTION 9 - CATCHLINES The catdet letter or number are intendeded of the several sections this ordi subsectionn lettnance inunediately following each section number or las mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the S' section nor, unless expressly so provided, shall they be so deemed when any of including file ca[cl�lines, are amended or reenacted, uch sections, SECTION 10 - DEFINITIONS A. The following words, when used in this ordinance, shall have the meanings ascribed to them in this section, unless such construction would be inconsistent with the b respectively manifest inteut of the Town Council or where the context of this Or clearly indicates otherwise: 1. Accessory Building or Accessory Structure shall mean 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 shall mean a use subordinate to and incidental to the principal use. 3. Acreage, Gross shall mean the total acreage oC a subdivision, including dedicated to the public use, such as streets and alley right-of-ways ans but not including public parrs. d open spacer `. Acreage, Net shall mean 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 shall mean a landing facility for aircraft approved by the United Slates Federal Aviation Agency. h• Alcoholic Beverage shall mean alcohol, or any beverage containing more th, 1 one - hail of one percent of alcohol by volume, which is capable of use for beverra e Purposes, either alone or when diluted. 7. Alley shall mean a public way, publics ace or thorou¢ secondary means of access to ro ert 6it[no oltfare which affords only p p y a a thereon. 8• Animal Pound/Shelter (Private) A facility animals for short periods of time, for the incarceration of small domestic 9• Antique Shop An establislunent offering for sale, within a building sucglass, china, furniture or similar fumislting and decorations which have value anas d l significance as a result of age, design or sentiment. 10. Apartment shall mean a room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or groups of individuals. 2.1 11. Apartment House shall mean an built, rented, leased, let or lured out bo Ebel occupied ng or as three (3)ion f or linare apartments desig or which is Occupied as the home or residence of three (3) or more families livin independently of each other and maintaining separate co0kina facilities. I2Area at' lot shall mean and alleys. the net area of the lot and shall not include portions of streets 13. Art Studio An area for tine collection, display, distribution, or instruction of objects of art. 14. Art Supply Store An establishment offering for sale those materials used by conventional artists for the preparation of their art farm. 15. Attached shall mean physical connection above top of the floor line 0f the first floor. 16. through 3 I. (Reserved for future use), 32• Basement slitdl mean that portion of a building Partly below and partly above grade,b between floor and ceiling, tivluch is ertical di grade to the floor below is more than the verut tical distanocated ce tfrom the v rade to ceiling from 33. Bakery or retail confectionery. goods or candies made on prees or laff prop emises erifar sale, on premises, those baked 34• Bedroom shall mean a room in a dsvellina Other than a kitchen, dining room, living room, bathroom or closet. This definition shall include extra dining rooms, livinIr g rooms, all dens, studies, game rooms, sun roams or similar extra rooms, aI! of tivllich are capable of being used as a bedroom. 35. Blind Fence or Wall shall mean a fence or mall throng see standing six (6) feet from such fence or wall at rotted level a person is enable to 36. Block shall meltr 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 alona a side Of a street between the nearest two (2) streets intersect said street on said side. which 37. Breezeway shall mean a covered passage one story in height connecting a main structure and an accessory building. 38. Buildable Area that portion of a building site exclusive of the required on which a structure or buiIdino improvements may be erected, and including areas ti actual stricture, driveway, parking lot, pool, and other construction as shown onla site plan. 39. Building s12all mean a structure builtand enclosure of for the support, shelter animals, chattels or movable property of any kind Persons, a 40. Building Setback Line shall mean a line street line and beyond which a building paraIleI Or approximately parallel to the project. o or structure may 1101 be erected, encroach or 41. through 47. (Reserved for future use.) 22 48. aha shall recrecr mean a secondary structure on a lot incidental to a swimming eational area, but excluding sleeping and cooking facilities. b Pool or 49• Carport means a permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than ttvo private passengervelticles. 50. Cemetery or mausoleum An area or structure desio humans for permanent interment• tined to contain the remains of 51• Church shall mean a place of %vorship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. 52• Clinic shall mean an institution or facility for examinine, Patients, including offices, laboratories and out-patient facoilities,nbut pwitlor ot lciufltn hospital beds and rooms for acute or chronic care. 53• Club shall mean an association of persons for promotion of some common object, such as literature, science or good felIo1vship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. 5-4. Commercial shall mean 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 prenuses upon svluch the transaction or part thereof takes place. 55. Commercial Amusement shall mean an amusement enterprise offering entertainment or games of skill to the General public for a fee or charge. Club and includes ally unit o • Comprehensive Plan shall mean the Comprehensive plan of the Town of Trophy r a part of such unit separately adopted and any amendment to such plan or parts thereof. 57• Condominium means the Separate ownership in a multiple unit structure or structures witllecommnn eletnentsnts as definedtior nnts Article 1301x, Texas Revised Civil Statutes Annotated, as amended. 58. Convalescent Horne shall mean any structure, other than a l occupied by persons recovering from illness ]hospita, Used for or age, or suffering from the infirnrlities of old 59• Corner Lot slhalI mean a lot situated at the junction of twoa (_) or more streets. 50• Country CIub shall mean an area containing available Only to the membership of the countryclubandutheirse r lguestsd a clinciub lud no facilities for siring and entertainment, swinuning, tennis and similar recreational facilities and services. 61• Convent Residence of nuns and Othertherewith, accessory activities Which are associated 62• Crafts and Hobby Shops p A retail establishment which displays and/or offers for sale objects or portions of objects relating to recreational activities. 63• Cal -De -Sac shall mean a short, minor street ]having but one outlet to another street and terminating on the opposite end by an appropriate vehicular e Town Subdivision Returnaround as shown in thgulations. ?-3 64• Cultural Building and Facilities A building cultural facilities owned and/or operated b boor complex of huildings that house props[ agency. Y a bovernmental agency or private non_ 65. through 79. (Reserved for future use.) 80. Day Nursery or Center shall mean an establishment where more than three (3) unrelated children under fourteen (i=I) years of age are left for care, training, education, custody, or supervision during "day care center" or "day nursery" b ti]e day or any portion thereof. The term treatment, counseling a shall not include overnight lodging, medical Public or b. or rehabilitative services, and does not apply to any school. P private, as herein defined. Such facility shall be operated in a manner as required by Chapter 42 Resources Code of the state of Texas, as of the Human standards as may be Promulgated ramuI�ated barr]ended, and in accordance with such y the Texas Department of Human Resources. 8i. Day Carein a E private children, not apart Homeam) shall mean the care of no more than three (3) ily, in a residential structure. Such care being provided by a resident of the sstt the fructure. 82. Dedication shall mean the setting aside of a lot, Parcel, or tract of land f r a use by the public. Such setting aside 1 all constitute a transfer of Ownership from the the current owner to the Town of Trophy Club and shall be accomplished through platting tile property or by a special instrument. 83. Depth of Front Yard shall treat, the miurimtttn distance from the front line of a buildinfron[ hat ]sue to the g. 84. Depth of Rear Yard shall be defined as tf]e meahorizontal distance between the n rear line of a building other than an accessory building gad the rear lot line. 85. Design Standards means the (i) subdivision regulations of the Town, (ii) standards for paving, drainage and utility improvements, and regulations or rules of the Town reIatinQ Gii) andy other ordinances, drainage or other utility improvement. to standards for the construction of paving, 86. Development shall mean the construction of one or more new buildinfl on one or more building shall mean to create devlots, or due use of open land for a new elopment. Use. s"To developor s 87• Detached shall mean any structure that does not share a co with the primary structure, mrnoa wall or foundation 88. District shall mean a section of the Town of Trophy Club for wlucli the regulations governing the area, height and use of buildings are uniform. 89. Drip Line A vertical line run tlurou- and extending to �I] the outermost portio] the ground. of die crown of a tree 90Dry Cleaner A retail establishment where fabrics are cleaned witlx substantially non -aqueous organic solvents. 91. Duplex shall ]'lean a detached building single-family dwellings ar occupied b v ll- separate acconuu]odations for [tiro (?} (2) families. 92. Dwelling shall Y twomean a]] enclosed building or for only one fani ly or occupied by one faunilypor[ion thereof having accommodations 24 93• through 106. (Reserved for future use.) 107• Easement shall mean an interest in land granted to the Town or other governmental entity, to the public utility corporation. 108• Efficiency Apartment shall mean a dwelling unit consisting of not more than one habitable room,bto�Qether with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred (600) square feet of floor area. A habitable roam shall be defined as being a space in a structure for living, sleeping, eating or cooking. storage or utility space, and similar arBathrooms, toilet compartments, closets, halls, eas, shall not be considered habitable space. 109• Electrical Generating Station A facility designed to convert electrical current from Other energy sources for consumption by dwellings and other structures. 110. Electrical Substation A facility designed to convert electrical current to a different Phase or voltage prior to consumption by dwelling and other structures. Electrical Transmission Line A high voltage line used to transmit electrical current to or between electrical substations or lone distances and customarily associated with towers. - 112• Enclosed Building shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air. 113• Engineer shall mean a person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering. 114. through 129 (Reserved for future use.) 130. Family shall be any number of individuals living together as a single family housekeeping unit in which not more than three (3) indivlditals are unrelated by blood, marriage, adoption or foster assi a i meat, 131 Family Home means a home that regularly residence provides care in the caretaker's own for not more than six (6) children under 14 years of age, excluding the caretaker's own children, for less than 24 hours in any day; provided, however, that the total number of children, including the caretaker's own, shall not exceed 12 a[ any given time. 132. Fire or Police Station A facility designed to provide public protection from the dangers of fire and crime. 133. First Floor sliall mean the highest story of a building having its at ground Ievel or not more than four (4) feet above grouinterior floor surface round level. Such ground level shall represent the average level along the side orthe building having ground elevation, and shall be measured at a maximum of four (4) feetlfrom tf et 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 Iocated below and above the first floor slfall be designated as 11-W (1!2) floors. 2.5 13 4. Florist Shop A shop offering flowers, flower arrangements services and associated Products for sale. 135. Four -Unit Apartment House shall mean a detached building containing four 4 single-family attached dwellings. ( ) 136. front Yard shall mean an open, unoccupied space on a lot facing a street extending across the front of the lot between [lie side yard lines and being and minimum horizontal distance between the street line and the principal building any projection thereof other than the projection of normal arcl>ltechiral features. 137• through 151. (Reserved for future use.) 152. Garage, private, shoji mean all accessory building for the storage or parking of motor vela es as may be reu red inn connection hith v the Permitted use of the main building. A private garage ally enclosed shall be tot with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. I53. Garage, Front Entry, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupaaIt of [lie premises, located in front of or beside the living area, tile access thereto being from Ole front property line. 15=1. Garage, Side or Rear Entry, shall mean a structure or portion accessory usees storithereof for the Of the premises or parking hi of private motor vehicles owned by the wing th access or door facing the side occupant structure shall be located por rely property line. Said artially or totally behind any portion of the living area. Ioo Gasoline Service Station shall mean a place or establishment where grease or motor vehicle accessories are sold, supplied or dispensed to tithe retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles is conducted. 156• Gazebo shall meals 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 charcoaled or grill) and bath facilities. 157• Golf Course (commercial) A golf course, privately owned but open to the public for a fee and operated as a commercial venture. 158• Grocery Store A retail establishment selling meats. fruits, products, dairy items, and similar products for human co slnnption foraoffspremises consumption only, 159. Guest House shall mean a second accommodations for the temporary structure Occupancy abIot nests may contain dwelling Permanent occupancv, and such building Y buests and not for rent or b not having a separate utility meter. 160. througfu 178. (Reserved for future use.) 179. Half Story shall mean a story under a g floor of such Story. are hip or gable roof, the wall plates of which on at least two (2) exterior 1valIs are not more than two (2) feet above the 180. Hardware Store An establishment offering materials and associated convenience items, and personal handall tools materials and for sale to the general public. ?.6 181. Height shall mean, when referring to the height of a building or portion thereof, [lie vertical distance measured from [lie average established grade at the street curb, or from the average front yard grade, or exterior surface closest to the front property line if tale structure is an accessory building, measured a maximum of four (1) feet from the exterior surface of the structure, wIuchever is higher. 182. 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. 183• Hame Occupation A home occupation is an occupation carried oil 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 of the building or any its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and tivlvch 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. 181. 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 roosts or units and may furnish customary services such as linen upkeep of furniture. , maid service, telephone, use and 185 HUD -Code Manufactured Home means a structure that was constructed on or after .Tune 13, 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. 186 Industrialized Housing means a residential structure that is designedfor the use g 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, hearting, air-conditioning, and electrical systems. The tern 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 tern shall not mean nor apply to (i) housing coctstructed of sectional or Panuelized 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. 187. through 203. (Reserved for future use.) 204. Kindergarten sliall mean school for children of preschool age, in which endeavors, object lessons and helpful gaconstruction curriculum. mes are prominent features of the 205. through 219. (Reserved for future use.) 2.7 220, Laundry INIat A retail establishment where fabrics are cleaned with aqueous organic solvents in machines operated by the patron. 221. Lot shall mean 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 lite 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. 222• Lot Covernge shall mean the total area of a lot upon which is placed a building buildings or other structures. , 223. Lot Depth shall mean the Ieng[h of a liIle connecting rear lot lines. the midpoints of the front and 221. Lot, Double Frontage or Through shall mean any lot, but not including lot, with frontage on two (2) streets tvllich are parallel to each other or within fortyr live (�) degrees of being parallel to each other. 225. Lot Frontage shall mean the length of street frontage between property lines. 226. Lot, Irregular shill mean any lot not having equal front and rear Iot 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 either snore or less than ninety (90) degrees. 777. Lot of Record shall mean a Iot wluch is part of a subdivision, the plat of wluch has been recorded in the office of the county clerk of die County where the lot is located, or a parcel of Iand, 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. 228. Lot, Reverse Frontage a corner Iot, the rear of which abuts the side of another lot, 229. Lot Width shall mean the average distance between the side lot Iines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 230' through 245. (Reserved for future use.) 246• Massage means any process consisting of kneading, rubbing, or otherwise manipulating the slain 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. 247. Massage Parlor means any building room, ent, other than a regularly licensed hospital, where manipulatted massagerorsmanipt�iated exercise 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. Tlus term shall not include, however, duly licensed be, 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. 2.8 248. Xlechanical Equipment shall mcon 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. 249• Minimum Square Footage of Dwelling Unit shall footage mean the minimum square of living space required per dwelling unit, excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed porches. 250• Mobile Home means a structure that was constructed before June IS, 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 len,di, 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 tlae required utilities, and including the plumbing, heating, air- conditioning, and electrical systems. 251• Modular Home shall mean 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 couditiotaing and electrical systems contained in the structure. The term does not Incl"de a mobile home as defined in the Texas kfanufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 252. Monastery Residence of monks or priests and other accessory activities which are associated therewith. '253. Mortuary or Funeral Home An establishment serving the needs of alae community by providing embalming and burial services in conformance with the State of Texas Statutes, Multi -family Dwelling shall mean a building or buildings containing or aggregating four or more single-family dwelling units. 255. through 273. (Reserved for future use.) 274. Natural Grade or Grade shall mean 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. 275. Natural Vegetation shall mean living plant material. 276. Noncommercial shall mean 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 orgplace, OCC[EpVing the premises place, "poll which the transaction or part thereof takes 277. Nonconforming Use shall wean 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. 278, through 294. (Reserved for future use.) 19 293. Office, business and professional Room or group of roams for the provision of business and professional services, not including retail sales or production. 296. Office, Medical and Dental Room or grou P of rooms for the provision of medical and dental health care services, not to include other than ambulatory care, 297• Off -Street Parking shall mean concrete surface areas upon tivltich motor vehicles may be parked and which area has access to a public street. 298• Open Space shall be all land designated for the recreational enjoyment and/or natural beauty of the area. 299• Outdoor Advertising Sign shall mean a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered t upon which the signboard is locatedo the public at the site . 300. Outside Storage shall mean the storage of commodities, goods and/or refuse outside Of an enclosed building. 301. through 316. (Reserved for future use.) 317• Park shall mean I:utd dedicated to, purchased by or otherwise acquired by the Town for the purpose. of providing public recreational and/or open areas. 318• Pavement Width shall mean that portion of a street available for vehicular traffic, where curbs are laid, it is the portion between the face of the curbs. 319. Pavilion shall mean an open structure without walls but covered with a roof. The structure may be of wood construction and shall have a roof construction consistent with residences within the Town. 320. Pawn Shop An establislunent where money is loaned on the security of personal property pledged in the keeping of the pawnbroker. 321• Perimeter PIan shall mean a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district. 322• Person shall mean any individual, association, firm, CF agency, political subdivision or anv other entity reco-lip' corporation, Y bnized in law. 323. Pedestrian Path shall mean a paved pedestrian way generally located within the public street right-of-way, but outside of the street or roadway. 374. Pharmacy, Drug Store, Apothecary An establislunent offering over the counter and prescription drugs and allied products for retail sale. 323• Photographic Studio A building or portion of a building as a place of work for a Photographer. 326. Planned Development shall mean 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. 2.10 327. Plat shall mean a final plat that ills been approved by tine Town in accordance with cite Town Subdivision Regulations and filed in tine Deed Records of the county where the land is located. 328• Playground shall mean 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 located inn the rear yard of a developed residential lot and used primarily by a Person or persons residing on the developed residential lot. 329• Premises shall mean 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, 330. Principal Structure shall mean a is a building or structure, the use of whichwhichprincipal use. 331. Principal Use shall mean a use which, in comparison twith another use occurring on he same property, Ills the greatest effective producing power. 332. Privateshall mean the exclusion of [Erose who have not been invited. 333. Private Club shall mean a social organization only, and its meetinto which membership is by invitation g place in which only members and their guests are pennitied, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 334. Professional Service shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 335. Public shall "'can promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit-making organizations. 336 Public Right -Of -Way shall mean 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, 337. Public Utility means any person, corporation or other entity owning or operating for compensation within the Town equipinent 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, funnishing or selling cable television. 338. through 353. (Reserved for future use.) 35=1. Rear yard shall mean a space unoccupied by a principal structure extending for rite full width of tine lot between lite principal structure and the rear lot line. 355• 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. 356. Rectory Residence of ministers or priests and other accessory activities which are associated therewith. 2.11 357. Religious Institution shall be held to include a church ns defined herein. 358 Residential Density shall mean the number of dwelling units per gross acre, excluding any areas [hat are designated to be used for parks and open space, and other non residential purposes. 359• Restaurant or Cafe 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. 360, 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 establislnnent may or may not have on -premises dining room or counter. 361. Restaurant with alcoholic beverage sales shall mean a restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on aii annual basis at the location represent at least sixty (60) percent of total sales. 362. Retail Store shall mean a place where goods, tivares, 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. 363. Retirement Home A development providing dwelling units specifically designed Of age or older. for the needs of ambulatory elder persons, specifically a household head of 60 years 364. through 378. (Reserved for future use,) 379. 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 Teras; but excluding private trade or commercial schools as herein defined. "Day care centers" and "day nurserys", as herein defined, shall be considered schools as applicable to this definition. 380. 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. 381. 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. 382. School, College / University An academic institution of higher learning, accredited or recognized by the state and offering a pro - rain or series of programs of academic study leading to a recognized degree or advanced degree. 383. Screening Wall or Fence shall mean 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. 2.12 384. Servants' Quarters shall mean 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. 385• Side Yard shall mean an open unoccupied space on the same Iot ►vith a building, i line or a front l situated between the building and the the side street side line of the lot, and extending through from lCram the (rout yard to the rear line of the lot. Any loo Iiue not a rear line shall be deemed a side line. 386. Single -Family Attached Dwelling shall mean a portion of an enclosed building having accohmnoda 6oils for and occupied by only one family, attached to like units, which units may be sold individti Lily provided that the entire building meets all lot area, front yard, side yard, rear yard, freight and other zoning requirements. 387• Single -Family Detached Dwelling shall mean an enclosed building accommodations for and occupied by only one fancily, which building b having meet all tlhe lot area, front yard, side yard, rear yard, fieioltt rand other zoninof g requirements. 388• Site Plan shall mean a map, drawing or chart showing tfhe 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 wlhich has been approved in accordance with the Town Subdivision Reguiatians, 389. 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 whicil has been so designated a part of the official records of the Town. 390. Stable (private) a stable with a capacity for not more than four (4) horses, mules, or other domestic animals. 391• Stadium Any athletic field or stadium operated for the general public, including a baseball field, or football field or stadium. 392. Storage shall mean a space or place for storing raid safekeeping of goods in a warehouse or other depository. 393. Story shall mean 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 nest above. 39=1. Street shall mean anv parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as an alley. 395. Street, Private shall mean any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not dedicated to the public. 396. Street, Public Dedicated shall mean any parcel of Iand dedicated to tine public and used or which may be used specifically as a thoroughfare. 397. Street Right -Of -Way shall mean a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 398. Structural Alterations shhall mean any chalhgc in the supporting members of a building, such as bearing walls, colurruls, beams Zr girders. 2.13 399. Structure shall mean that which is built, an edifice or constructed o erected r , building of any kind, or any piece of wort: built d r composed parts joined together in some definite manner. 400. Subdivider shall mean 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 laid to be subdivided. 401. Subdivision shall mean 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. 402. 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 tine Town of Trophy Club. 403. Swimming Pool (commercial) A swimnning pool with accessory facilities, not part of the municipal or private recreational system, and not a private swim club, but where the facilities are available to tlhe general public for a fee. 404. through 423. (Reserved for future use.) 424. Temporary field or construction office A structure or shelter used in connection with a development or building project for housina on the site of temporary administrative and supervisory functions and for slheltering employees and equipment. 425. Town shall mean the Town of Trophy Club, Texas. 426. Town Engineer shall mean die duly authorized person ill charge of engineering for the Town, or that person's designated representative. 427. Town Planner shall mean the duly authorized person in charge of planning for the Town, or that person's designated representative. 428. Townhouse/Townhome shall mean a single-family attached dwelling unit on a separately platted lot which is joined at another sellingunit on one or more sides by a party wall or abutting walls and occupied by not more than one family, 429• Tree Any self-supporting woody perennial plant which has a trunk; diameter of three (3) inches or more when measured at a point four and one-half (4 1/2) feet above ground level and which normally attains an overall height of at least fifteen (1S) feet at maturity, usually with one (I) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. 430. Triplex shall mean a detached building containing three (3) single-family attached dwelling units. 431• through 444. (Reserved for future use.) 44.5. Use The purpose for which land or buildings are or may be occupied in a zoning district. =1=16. electrical Distribution ion Lines facilities which serve to distribute and transmit electrical power, gas, and water, including but not limited to electrical trans mis lines, gas trvlsniission lines, and metering stations, sion 2.14 447. Variance Relief from or variation of the provisions of these regulations, atlter than the Use ReBuIations, as applied to a specific piece of property, as distinct from rezoning, as further set out Hereinafter in the powers and duties of the Boars! of Adjustment. 448. Wholesale Business shall mean a commercial use devoted to the safe of goods and commodities in large lots to retail outlets and stores and manufacturers. 449. Width of Lot shall mean the horizontal distance between the side lot lines of a Iqt measured at right angles to the depth or the same distance measured at the front building line. 450. Width of Side Yard shall mean the least distance between a side wall of a building and the side line of the lot. 451. Yard shall mean 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 requirements limiting obstruction of visibility are observed. 452. Yard Area Tile front, side, and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. 453. Yard, front An open space, unoccupied space on a lot facing a street and extending across the front of the lot between tilean side yard lines d 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, 454. Yard, rear The required rear yard is a open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line. 435. 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. 456. Zoning District A classification applied to any certain land area within the Town stipulating the limitations and requirements of land usage and development. 457. Zonina 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 additionrd definitions to be added to this section, may be made by the Town Council of the Town of Trophy g Club after receiving the recommendations and report of the Plamtf la and Zoning Comuttission 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 Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. 2,15 ARTICLE III ESTABLISHMENT OF DISTRICTS SECTION 11 -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 fe development on lots that are a minimum of 15,000 square et in area. R-12 Single Family Residential District: A zone designed to accommodate sill 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 fect 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 adaption 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 Rousilig in the Town within designated subdivisions. (This does not include mobile homes as defined in this Ordinance.) ThelIH 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, lotiv 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. 3.I 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 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, of the public. enhancement and preservation in the interest of the culture, prosperity, education and welfare SECTION 12 - CLASSIFICATION OF NEI W AND UNLISTED USES A. Referral to Planning and Zoning Commission: Tlic Planning and Zoning Adininistrator shall refer the question concerning any new or unlisted use to the Planninb 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 -mount 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 -id the general requirements of public utilities, such as water and sanitary sewer. D. Assignment to Use District: The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility ►vith 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 Zoiung Conunissiou 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 resolution, or minute order, 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. SECTION 13 USE TABLE The following table presents the zoning district classifications and the permitted uses within those classifications: Designated use permitted in district indicated Designated use prohibited in district indicated 3.2 DISTRICT CL ASSII7CA PI��IITTED PR NCIFAL USES A. RESIDENTIAL 1. One Family Dwelling Detached la- One Family Dwelling Attached 2. Two Family Dwelling /Duplexes 3. Townhouse/Rowhouse/Three, Four Family Dwellings, Attached 4. Multi -Family Dwelling/ ApartmenUCondoi S. Apartment(s) as Secondary Use 6. Manufactured Housing Dwelling: In an _Approved Subdivision Only 7a- Hotels 7b. Motels 8. Recreational Vehicle Camp Grounds 9. Group Quarters: (a) Nursing, Rest, and Convalescent Homes (b) Religious Covenant, Rectory, and Monastery (c) Retirement Home and Orphanage (d) Home for Developmentally Disabled 10. Family Home as a conditional use B. RELIGIOUS AND PHILANTHROPIC 1. Churches, Temples and Synagogues 2. Temporary Revival, Gospel or Evangelistic Tents and Shelters 3. Eleemosynary Institutions 3.3 ® Denotes Permitted Use ❑ Denotes Prohibited Use DISTRICT CLASSIFICATIONS PERMITTED PRINCIPAL USES C. EDUCATIONAL Rcs[tle��[ial 17i��rir[s �-�-- r, 2. Juiiior Colleges, Colleges and Universities X-fullicipal r •' • ' a y Service Buildings & Faciji6es 2. Police and Fire Station and Facilities 3. Parks, P1 aygrounds, Play Lots OWN FARES IM -041 /l oil MAE. POP VA, W, 1-7/00 Ma6v'20. MA IN 4. Golf COLIrSes, Club House, 3. Vocational, Technical and Trade Schools Related Facilities MIA 5. Commercial Swimilli - Pools, Tennis, Handball and Racquet Clubs 4. CHdren's Day Care Centers and Mndergarien . Public rr Pounds ar . Shelters ...■.......■..... n. .Yards 7. Govern ��- r r ............f!lJ...l.GGE S. Private Business and Professional Schools (a) Distribution Lines on (b) Off -ices and Yards 9. CulturalBuildings r a Facilities ............'..Y/ISL. 10, Social, Recreational and MEN Buildings FacMes i . 1. Athletic Fields, Stndiums, Audi�o- �-Ms' and Gvrnriasiums; 12. Cemeteries . + ' ................I ..MOM 0 .... • Ei .2 C ztn U w cc � O U ti Q :J z c. G 2. Juiiior Colleges, Colleges and Universities X-fullicipal r •' • ' a y Service Buildings & Faciji6es 2. Police and Fire Station and Facilities 3. Parks, P1 aygrounds, Play Lots OWN FARES IM -041 /l oil MAE. POP VA, W, 1-7/00 Ma6v'20. MA IN 4. Golf COLIrSes, Club House, 3. Vocational, Technical and Trade Schools Related Facilities MIA 5. Commercial Swimilli - Pools, Tennis, Handball and Racquet Clubs 4. CHdren's Day Care Centers and Mndergarien . Public rr Pounds ar . Shelters ...■.......■..... n. .Yards 7. Govern ��- r r ............f!lJ...l.GGE S. Private Business and Professional Schools (a) Distribution Lines on (b) Off -ices D. CON Mol 1 ITTFACILITIESI. X-fullicipal r •' • ' a y Service Buildings & Faciji6es 2. Police and Fire Station and Facilities 3. Parks, P1 aygrounds, Play Lots OWN FARES IM -041 /l oil MAE. POP VA, W, 1-7/00 Ma6v'20. MA IN 4. Golf COLIrSes, Club House, Related Facilities MIA 5. Commercial Swimilli - Pools, Tennis, Handball and Racquet Clubs . Public rr Pounds ar . Shelters ...■.......■..... n. .Yards 7. Govern ��- r r ............f!lJ...l.GGE (a) Distribution Lines (b) Off -ices and Yards 9. CulturalBuildings r a Facilities ............'..Y/ISL. 10, Social, Recreational and MEN Buildings FacMes i . 1. Athletic Fields, Stndiums, Audi�o- �-Ms' and Gvrnriasiums; 12. Cemeteries . + ' ................I ..MOM 0 .... DISTRICT CLASSIFICATIONS PEP-\ MED PRINCIPAL USES E. PROFESSIONAL 1. Administrative, executive, editorial office 2. Accounting office 3. Architectural, Engineering, PIanning office 4. Attorney's office S. Physician, or dentist 6. Insurance office 7. Personal or Family counselor 8. Public Secretary F. BUSINESS en tnc[s .lou-f: Residendi d Districts Non -Residential Di! Df STICT CASSTCONS =D vo T � ?. • n J^ VL� OLRAUu P1r�R��IIi7TT�ETD7 y C v ° K y PRNCIPAL V57�] U? V7 V1 C L. F Q U E �q y • V7 i� ti U7 L c O 'y^ O 6 rig �-. U U z L�1. U G. RETAIL 1. Grocery store 2. Bakery Shops 3. Confectionary Shops 4. Ice Cream Shops 5. Dairy Food Stores 6. Drug Stores, Apothecary, & Pharmacy 7. Jewlery and Watch Stores 8. Florist 9. Arts, Crafts, and Hobby Shops 10. Household Furnishings and fixtures 11. Wallpaper and Paint Store 12. Antique Shops 13. Hardware Store 14. Household Appliance Store 15. Bicycle Shops 16. Wearing Apparel Shops 17. Eectical Goods and Fixtures 18. Sporting Goods Stores 19. Fabric and ltinittina Shops 20, Music Store 21, Art Supply Store 22. Art Studio 23. Dance Studio 3.6 ® Denotes Permitted Use❑ Denotes Prohibited Use DISTRICT' CLASSII7CATTONS PERIVIT ED PRLICIP.AL. USES 24. Photographic Service and Studio 25. Duplication and Mailing Service 26. Dry Cleaners 27. PrinUag, Publishing and Engraving 2$. Pawn Shops 29. Restaurants 30. Drive -In Restaurants 31. Restaurants with alcoholic beverage sales H. RECREATIONAL 1. Golf Course 2. Stable, private 3. Swimming Pool (Private Club) 4. Tennis Courts (Private Club) 5. Private Country Club b. Private Health Club Residential Districts ton -Resident 3.7 Denotes Permitted Use ❑ Denotes Prohibited Use v u u '2B -_ L r� 5 m � L > �, C4 - :- C .,-, - - u M .G ..= 'Lta V t.iC4 C4 a 3.7 Denotes Permitted Use ❑ Denotes Prohibited Use ARTICLE IV DISTRICT REGULATIONS SECTION 14 - R 15 - SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R 15 Single Family District is to allow single family detached dwellings on lots of not less than fifteen thousand (15,000) square feet, together with the allowed incidental and accessory uses, in order to promote Iow population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R15 Single Family 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 13, Use Tables, and in accordance with die following: Accessory Uses: Accessory uses shall be permitted within the R 15 single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R 15 Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Flan Requirements: No application for a building permit for the construction 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 for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed thirty-five (35) feet or two and one-half (2-1I2) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: 4.1 1. Lot Size .......................... Lots for any permitted use shall have a minimum area of fifteen thousand (15,000) square feet. 2. ivIinimum Open Space ......... All areas not devoted to buildings,walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building ............. The combined area covered by all main and Coverage accessory buildings and structures shall not exceed thirty-five percent (3517c) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage, 4. Minimum Floor Area............ The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 2,500 square feet. Residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area) 5. Depth of front yard feet"*...... 30 feet minimum 6. Depth of rear yard, feet*':....... 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard.** ............. a minimum of twelve and one-half (12.5) feet; provided, that the distance between buildings and structures on contiguous lots remains a numinum of 25 feet, the width of the side yard on one side may be reduced to not less than 7.5 feet. 8. Width of side yard .............. 20 feet minimum adjacent to side street, feet ** 91 10 11. Width of lot, feet ................ 90 feet minimum (measured at front building line) Depth of lot, feet ................ 120 feet minimum (measured froin front property line) Depth of lot, cul-de-sac........ 100 feet minimum or corner lot, feet **All required yards shall comply with Section 37, Required Yards. 4.2 G Buffered Area Regulations: Whenever an R 15 Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi -family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (23) feet from the adjoining property Iine. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage and shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. J. Off -Street Loading: No off-street loading is required in the R 15 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council, K Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. 43 SECTION 15 - R 12 - SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R 12 - Single Family District is to allow single family detached dwellings on lots of not less thann twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R12 Single Family District no land shall be used and no building or structure shall be used for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R 12 - Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R 12 - Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the constriction 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 for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E. Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed thirty-five (35) feet or two and one-half (2-112) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: Lot Size ........................... Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. 4.4 2. N inimum Open Space.......... All areas not devoted to buildings walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building ............. The combined area covered by all main and Coverage accessory buildings and structures shall not exceed thirty-five (35) percent of the total Iot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area .......... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story 2,500* 12,000* or two story residence Residence on corner lot 2,500* 2,500* *Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area) 5. Depth of front yard ....................... feet** 6. Depth of rear yard, feet** ............... (No rear yard shall face any street,, provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard*....... 8. Width of side yard adjacent ............. to side street, feet ** 9. Width of lot, feet ......................... (measured at front building line) 4.3 25 feet minimum 75 feet minimum a minimum of ten (10) feet; provided than the distance between buildings and structures on contiguous lots remains a minimum of 20 feet. The width of t11e side yard on one side may be reduced to not less than 5 feet 20 feet rnlnlInuln 90 feet minimum F. Removal, Demolition or Substantial Alteration of a Historic Landmark: No Historic landmark designated as such pursuant to the procedures set forth Herein shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the Town Council. If an application for such a permit is received by the Town Secretary for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendaEioms to the Town Council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by the Town Secretary. After the public hearing, the Planning and Zoning Commission shall recommend to the Town Council whether to grant or deny the application, G. Council Action: The Town Council shall consider the Planning and Zoning Commission's m recommendation within thirty dayves of passage of sae. The Town Council, after conducting a public hearing and taking into consideration all of the factors presented, may approor disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The Council's action shall be final. IL Present Use Not Affected: Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Comprehensive Zoning Ordinance of the Town. I. Penalty: It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of this ordinance. 4.5 1 10. Depth of lot, feet. ........................ 110 feet minimum (measured from front property line) 11. Depth of lot, cul-de-sac .................. 100 feet minimum or corner Iot, feet "All required yards shall comply with Section 37, Required Yards G. Buffered Area Regulations: Whenever an R 12 - Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi -family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. I� Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be Iocated in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. L Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply �vitlt Section 35, Accessory Structures and Uses. J. Off -Street Loading: No off-street loading is required in the R 12 - Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission, 191 SECTION 16 - R 11 - SINGLE FAMILY DISTRICT REGULATIONS A- Purpose: The purpose of the R 11 - Single Family District is to allow single family detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Applicntion: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements sct forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in flus Section. C. Uses Generally: In ail R 11 Single Family 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 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R lI - Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings, 2. Conditional Uses; Conditional uses may be permitted within the R 11 - Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. c. Any use not expressly permitted or allowed by periut herein is prohibited. D. Plan Requirements: No application for a building permit for the construction 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 for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed thirty-five (35) feet or two and one-half (2-112) stories in liei- lht. F. Area Regulations: The following minimum standards sliall be required measured from property lines: 1. Lot Size Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. 4.7 2. U Minimum Open Space.......... All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. Maximum Building ............. Coverage 4. Minimum Floor Area........... The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: 4.8 Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one-half story 2,5001` 2,000' or two story residence Residence on corner lot 2,500* 2,50V *Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area) 5. Depth of front yard ....................... 25 feet minimum feet** 6. Depth of rear yard, feet** ............... 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard*....... a minimum of ten (10) feet; provided than the distance between buildings and structures on contiguous lots remains a minimum of 20 feet. The width of the side yard on one side may be reduced to not less than 5 feet 8. Width of side yard adjacent ............. 15 feet nunimum to side street, feet :" 9. Width of lot, feet ......................... 85 feet minimum (measured at front building line) 10. Depth of lot, feet ......................... 110 feet minimum (measured from front property line) 4.8 11. Depth of lot, cul-de-sac .................. 100 feet minimum or corner lot, feet "All required yards shall comply with Section 37, Required Yards. G. Buffered Area Regulations: Whenever an R 11 - Single Family development is Iocated adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi -family development or a non-residential district, without airy division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property Iine. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be Iocated in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair, Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residences shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. 1. Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. I Off -Street Loading: No off-street loading is required in the R 11 - Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. Ii. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.9 SECTION 17 - R 10 - SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R 10 - Single Family District is to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in this Section. C. Uses Generally: In an R10- Single Family 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 13, Use Tables, relating to pennitted principal uses and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R 10 - Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R 10 - Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction 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 Plall for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E. Height Regulations: Except as provided by Section 36, Height Limits, no building, shall exceed thirty-five (33) feet or two and one-half (2-112) stories in height. F. Area Regulations: The following nummum standards shall be required measured from property lines: Lot Size ........................... Lots for any permitted use shall have a minimum area Of ten thousand (10,000) square feet. IWe] 2. N inimum Open Space.......... All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building ............. The combined area covered by all main and Coverage accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area........... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one -Half story 2,250* 2,000* or two story residence Residence on corner lot 2,250'- 11150.x. *Those residences with more than one (l)story shall have a minimum first floor area of 1,800 square feet. (including garage area) S. Depth of front yard ....................... 25 feet minimum feet** 6. Depth of rear yard, feet** ............... 25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not appply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard*....... a minimum of ten (10) feet; provided than the distance between buildings and structures on contiguous lots remains a minimum of 20 feet. The width of the side yard on one side may be reduced to not less than 5 feet 8. Width of side yard adjacent ............. 15 feet minimum to side street, feet *:w 9. Width of lot, feet ......................... 80 feet minimum (measured from front building line) 4.11 10. Depth of lot, feet ......................... 110 feet minimum (measured at front property line) 11. Depth of Iot, cul-de-sac .................. 100 feet minimum or corner lot, feet "All required yards shall comply with Section 37, Required Yards. G Buffered Area Regulations: Whenever all R 10 - Single Family development is located adjacent to an existing HUD Code Manufactured Hoine and Industrialized Housing district, multi -family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, a1I principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H. Off -Street Parking: Provisions for the parking of automabiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. I. Garages: Attached garages shall not face any public dedicated right-of-way or If course. Detached garages shall comply with Section 35, Accessory Structures and Uses. J. Off -Street Loading: No off-street loading is required in the R 10 - Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by tlue Planning and Zoning Commission and Town Council. Ii. Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.12 SECTION 18 - R 9 - SINGLE FAMILY DISTRICT REGULATIONS A Purpose: The purpose of the R 9 - Single Family District is to allow single family detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the requirements set forth in dais Section. C. Uses Generally: In ail R 9 - Single Fancily District no land shall be uses and no building or structure shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following; Accessory Uses: Accessory uses shall be permitted within the R 9 - Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R 9 - Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless: A plat, meeting all requireinpt is 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 for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed thirty-five (3:5) feet or two and one-half (2-113) stories in height. F. Area Regulations: The following minimum standards shall be required measured from property lines: 1. Lot Size ........................... Lots for any pertnitted use shall have a minimum area of nine thousand (9,000) square feet. 4.13 2. Minimum Open Space.......... All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Part: Land Dedication Ordinance, and other applicable ordinances of the Town. 3. Maximum Building ............. The combined area covered by all main and Coverage accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. Minimum Floor Area.......... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,800 One and one-lialf story 2,000`x: 1,800'x' or two story residence Residence on corner lot 2,000* 12,000* *Those residences with more than one (I)story shall have a minimum first floor area of 1,200 square feet. 6. Depth of front yard ....................... feet** 7. Depth of rear yard, feet':* ............. (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) S. Width of side yards*",...... 9. Width of side yard adjacent ............. to side street, feet ** 23 feet minimum 20 feet niiiiiiinuun a minimum of seven and one-half (7.5) feet; provided that the distance between buildings avid structures on contiguous lots remains a nunimum of 15 feet. The width of the side yard on one side ntay be reduced to not less than 5 feet. =1.14 15 feet minimum 10. Width of lot, feet ......................... 70 feet tuinimum (measured at front building line) 11. Depth of lot, feet ......................... 110 feet minimum (measured from front property line) 12. Depth of lot, ctrl -de -sac .................. 90 feet minimum or comer lot, feet "All required yards shall comply with Section 37, Required Yards. G. Suffered Area Regulations: Whenever an R 9 - Single Fatnily development is located adjacent to an existing IIUD Code Manufactured Home and Industrialized Housing district, multi -family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. H Garages: Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. I. Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard, Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. L Off -Street Loading: No Off-street loading is required in the R 9 - Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planninc, and Zoning Commission and Town Council. K Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, at of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission, 4.15 SECTION 19 - R 8 - SINGLE I+AMILY DISTRICT REGULATIONS A- Purpose: The purpose of the R 8 - Single Family District is to allow single family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units. B. Application: Lots in a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this Section shall not be considered to be in violation of said requirements and, for purposes of this Section, shall be deemed to conform to the minimum requirements required in this Section. C. Uses Generally: In an R - 8 Single Family District no land sltall be used and no building or structure shall be installed, erected for or converted to any other than as set forth in Section 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R 8 - Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R 8 - Single Fainily District in accordance with the regulations provided in Section 42, Conditiolial Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alIcys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction 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 for all non-residential uses has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Sectio: 36, Height Limits, no building shall exceed thirty-five (35) feet or two and one-half (2-112) stories in height. F. Area Regulations: The following ttiinimum standards shall be required measured from property lines: 1. Lot Size ........................... Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. 4.16 2. Minimum Open Space.......... All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of die Town. 3. Maximum Building....... ...... The combined area covered by all main and Coverage accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 4. IvfinimumFloor Area .......... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,000 1,650 One and one-half story 2,00011 1,8001' or two story residence Residence on corner lot 2,00011 -),000* *Those residences with more than one (I)story shall have a minimum first floor area of 1,100 square feet. 5. Depth of front yard,. ..................... 25 feet feet** 5. Depth of rear yard, feev—............... 20 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) 7. Width of side yard on each side........ a minimum of five (5) feet feet** 8. Width of side yard adjacent ............. 15 feet minimum to side street, feet ** 9. width of lot, feet ......................... 60 feet minimum (measured at front building line) 4.17 10. Depth of lot, feet ......................... 100 feet minimum (measured from front property line) 11. Depth of lot, cul-de-sac .................. 85 feet minimum or corner lot, feet "All required yards shall comply with Section 37, Required Yards. G Buffered Area Regulations: Whenever an R 8 - Single Family development is located adjacent to an existing HUD Code Manufactured Home and Industrialized Housing district, multi -family development or a non-residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. I -I Garages: Attached garages are not permitted to face any public dedicated street for all lots which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall comply with Section 35, Accessory Structures and Uses. I. Off -Street Parking; Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking witWn a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. I Off -Street Loading: No off-street loading is required in the R 8 - Single Family District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. K Masonry Requirements: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.18 SECTION 20 - R -FAIRWAY VILLAGE SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R -Fairway Village Single Family District is to allow single family detached dwellings on lots of not less than three thousand (3,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in Fairway Village (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum Iot size requirements set forth -in this Section, shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In an R-Fairvay Village Single Family District no land sIlall be used and no buildin; shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: Accessory Uses: Accessory uses shall be permitted within the R -Fairway Village Single Family District in accordtulce with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R -Fairway Village Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall have more than two and one-half (2-112) stories, nor exceed 35 feet in height. F. Area Regulations: The following iiiiihlnlum standards shall be required measured from property Iines: 1. Lot Size ........................... Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. 2. Minimum Open Space.......... All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 4.19 3. Minimum Floor Area .......... The minimum square footage of a dwelling unit, Type of Structure One story residence One and one-half story two story, two and one-half story residences exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior .Area (in square feet) 1,200 1,300* *Those residences with one and one-half stories or greater shall have a minimum First floor area of 1000 square feet. 4. Depth of front yard, feet ................. 10 (Lots 10, 12 through 17) 13 (Lots 1 through 9, 11) 5. Depth of rear yard, feet .................. 10 6. Width of lot, feet ......................... 40 (measured at front building line) 7. Depth of lot, feet ......................... 70 (measured at the mid- point of the frontage) G Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that sueh shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H Garages: Attached and detached garages shall not face a golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. I. Off -Street Loading: No off-street loading is required in the R -Fairway Village District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Comrnission and Town Council. I Masonry Requirement; All principal and accessory buildings and structures shall be of exterior fire resistant constriction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.20 SECTION 21 - R -TWENTY IN TROPHY SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R -Twenty in Trophy Single Family District is to allow single family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote meditun population densities within integral neighborhood units. B. Application: Lots within this district are located in Twenty in Trophy (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to confonn to the minimum lot size required in this Section. C. Uses Generally: In an R -Twenty In Trophy Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: Accessory Uses: Accessory uses shall be permitted within the R -Twenty in Trophy Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R -Twenty in Trophy Single Family District in accordance with the regulations provided in Section 42, Conditionat Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved gumless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 41, Site Plan Requirements. R Height Regulations: Except as provided by Section 36, Height Limits of this ordinance, no building shall have more than two and one-half (2-112) stories, nor exceed 35 feet in heiglit. R Area Regulations: The following nmintimum standards shall be required measured from property lines: Lot Size ........................... Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet. 2. Minimum Open Space.......... All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 4.21 3. Minimum Floor Area........... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure One story, and one-half story, two story, two and one- half story residences it�linimum Exterior Area (in square feet) 1,800* *These residences shall have a miiumum first floor area of 1,000 square feet. 4. Depih of front yard, feet ................. 15 S. Depth of rear yard, feet .................. 15 6. Width of side yard on one ............... 6 side only, feet 7. Width of side yard adjacent ............. 10 to side street, feet 8. Width of lot, feet ......................... 45 (measured at front building line) 9. Depth of lot, feet ........................ 95 (measured at the mid- point of the frontage) G. Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include pennanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirernents,and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. 1-1 Garages: Attached and Detached garages shall not face a golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. 1, Off -Street Loading: No off-street Ioading is required in the R -Twenty In Trophy District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Conunission and Town Council. J. Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant constriction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.22 S1±. CnON22-R-OAKBILL SINGLE FAMILY DISTRICT REGULATIONS A. Purpose: The purpose of the R -Oak: Hill Single Family District is to allow single family detached dwellings on lots of not less than eight thousand eight hundred (8,800) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots witlun this district are located in the Oak- Hill (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In an R -Oak Hill Single Fani ly District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables,and in accordance with the following: 1. Accessory Uses: Accessory uses shall be pennitted within the R -Oak: Hill Single Family District in accordance with the regulations provided in Section 35, Accessary Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R -Oak Hill Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by pertnit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 41, Site Plan Requirements. E. Height Regulations: Except as provided by Section 36, Height Limits, no building shall be more than two and one-lialf (2-1/2) stories, nor exceed 35 feet in height as shown below: Town and Town and Golf Course Lakefront Country Country Lots'l Lots* View Lots* Lots* Maximum Height 30 ft. 30 ft. 30 ft. 3S 1't. Maximum Stories 1-112 1-112 1-112 2-112 *Golf course lots shall refer to lots 21 through 39 and lots 67 through 72 of replat of Trophy Club Oak Hill; Lakefront lots shall refer to lots 40 through 43 of replat of Trophy Club Oak Hill; Town and Country View lots shall refer to lots =1-1- throu=h 60 and lot 66 of Replat of Trophy Club Oak Hill; and, Town and Country lots shall refer to Iots 61 through 65 of replat of Trophy Club Oak pull. F. Area Regulations: The following minimum standards sliall be required measured from property lines: =1.23 1. Lot Size ........................... 2. Minimum Open Space....... 3. Minimum Floor Area .......... Description of Structure One story One and 112 story Two story Two and 112 story Golf Course Lots 2,500 2,500 prohibited prohibited Lots for any pennitted use shall have a minimum area Of eiglit thousand eight hundred (8,800) square feet. All areas not devoted to buildings, structures or off- street parking area shall be devoted to Grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Para; Land Dedication Ordinance, and other applicable ordinances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following; Town and Town and Lakefront Country Country Lots View Lots Lots 2,500 2,300 2,000 2,500 1,300 2,300 prohibited prohibited 2,500 prohibited prohibited 2,500 Town and Town and Golf Course Lakefront Country Country Lots Lots View Lots Lots 4. Depth of front 25(1) 20 25(2) X0(3) yard, feet S. Depth of rear 20 20(4) 20 20 yard, feet 6. Width of side 5(5) 5(5) 5 5 yard on each side, feet 7. Width of side 20(6) ')0 yard adjacent to to street, feet (1)Front yard setback line shall be twenty (20) feet for lots 22 through 25, lots 26 and 27, and lots 67 through 72. )Front yard setback line shall be thirty (30) feet on lot 46; fifteen (15) feet for Iot 59, 60, and 66. 424 (3)Front yard setback line shall be twenty-five (25) feet on lot 61 and fifteen (15) feet on lots 64 and 65. ()Rear yard setback shall be forty-five (45) feet on lot 40. (5)The northwest side lot line of lot 24, southwest side lot line of lot =13, and northeast side lot line of lot 72 shall have a side yard setback of fifteen (15) feet; the southwest side lot line of lot 27 and the northwest side lot fine of lot 36 shall have a side yard setback of twenty (20) feet; and the north side lot line of lot 42 shall have a side yard setback of ten (10) feet. (6)A side street setback line of fifteen (13) feet shall be located on lot 25. 8. Nidtih of lot, feet ......................... 75 (measured at front building line) 9. Depth of lot, feet ...... ..:............ .... 110 (measured at the hhvd- point of the frontage) G Olf Street Parking: Provisions for the parking of automobiles on paved surfaces slhall be allowed as an accessory use provided that such shall not be located on a required front yard, with tlhe exception being that a circular drive may be Iocated in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Sedion471 Off-StivetparhzrtgRegrrireunents, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H. Garages: Attached garages shall not face any public right-of-way or a golf course. Detached ,garages shall comply with Section 35, Accessory Structures and Uses. L Off -Street Loading: No off-street loading is required in the R -Oak Hill District for residential uses. Off-street loading for conditional uses may be required as deternnined by the Planning and Zoning Commission and Town Council. I Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eight (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.25 SECTION 23 - R -OAK HILL PATIO SINGLE FAMILY DISTRICT REGULATIONS A Purpose: The purpose of the R -Oak Hill Patio Single Family District is to allow single family detached dwellings on lots of not less than five thousand five hundred (5,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. B. Application: Lots within this district are located in the Oak: Hill Patio (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the minimum lot size required in this Section. C. Uses Generally: In an R -Oak Hill Patio Single Family District no land shall be used and no building shall be installed, erected for or convcried to any use other than as set forth in Section 13, Use Tables,and in accordance with the following: Accessory Uses: Accessory uses shall be permitted within the R --Oak Hill Patio Single Family District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R -Oak Hill Patio Single Family District in accordance with the 'regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys sliall not be allowed. C. Any use not expressly permitted or allowed by permit licrein is prohibited. D. Plan Requirements: No application for n building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall be more than two (2) stories, nor exceed 28 feet in height. F. Area Regulations: The following nti1tintum standards shall be required measured from property lines: 1. Lot Size ........................... Lots for any permitted use shall have a minimum area of five thousand five hundred (5,500) square feet. 2. Minimum Open Space........ All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, and other applicable ordinances of the Town. 4.26 3. NfinimumFloor Area ........... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Golf Course Type of Structure Patio Lots(i) Patio Lots One story residence 1,500 1,240 One and one-half story 1,8003) 1,00(2) two, two and one-half story residences (1)Golf course patio lots shall refer to lots 9 through 17 of replat of Trophy Club Oak Hill, and, patio Iots shall refer to lots 1 through 8 and 18 through 20 of Replat of Trophy Club Oak Hili. Those residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet. (3)Meseresidences with more than one (1) story shall have a minimum first floor area of 1,300 square feet. Golf Course Patio Lots(1) Patio Lots(1} 4. Depth of front yard, 20(2) 15(') feet S. Depth of rear yard, 20 20 feet 6. Width of side yard 8(3) 5(3) on one side, feet 7. NVidtlt of side yard 10 10 adjacent to street, feet (1)Zero (0) building lines shall be referred to and located as the northwest side lot lines of lots 1 through 8; the northeast side lot lines of Iots 9, 19, and 20; and the northwest side lot line of lots 12 through 17. Front yard setback line shall be ten (10) feet for lot 10, 15, 16 and 17; and shall be fifteen (15) feet for lots 18 through 20. (3)Side yard setback shall be eight (8) feet for lot 18 and 19; fifteen (15) feet on lot 9; and, ten (10) feet on the northeast lot line of lot 10. 4.27 8. Width of lot, feet ......................... 45 (measured at front building line) 9. Depth of lot, feet ......................... 1b0 (measured at the mid- point of the frontage) G. Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located ill the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. K Garages: Attached and detached garages shall riot face a golf course. Detached garages shall comply with Section 35, Accessory Struetures and Uses. I. Off -Street Loading: No off-street loading is required in the R -Oak Hill Patio District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Conunission and Town Council. I Masonry Requirement: All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. =128 SUCTION 24 - R-SUY IIT SINGLE FAMILY D19MCT REGULATIONS A. Purpose: The purpose of the R -Summit Single Family District is to allow single family detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities witlun integral neighborhood units. B. Application: Lots within this district are located in the Summit (a subdivision legally approved and properly recorded in the Denton County Plat Record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this Section shall not be considered to be in violation of said lot size requirements and, for purposes of this Section, shall be deemed to conform to the miiumum lot size required in this Section. C. Uses Generally: In an R -Summit Single Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the R-SLiiliilllt Single Family District in accordance with the regulations provided in Section 3S,Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the R-Sununit Single Family District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly permitted or allowed by permit herein is prohibited. D. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. A Site Plan for all non-residential uses must be provided meeting the conditions as provided in Section 41, Site Plan Requirements. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall be more than two and one-half stories (2-112), nor exceed 35 feet in height. F. Area Regulations: The following nuninium standards shall be required measured from property lines: Lot Size ....................... Lots for any permitted use shall have a minimum area of five thousand seven hundred fifty (5,70) square feet. 2. Minimum Open Space....... All areas not devoted to buildings, structures or off- street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance, acid other applicable ordinances of lite Town. 3. Minimum Floor Area......... The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: 429 Type of Structure Nlinimum Exterior .Area (in square feet) One, one and one-half 1,600* story, two story, two and one-half story residences 'Those residences with more than one (1) story shall have a nllnir"um first floor area of 1,000 square feet. All lots 4. Depth of front yard ....................... 150) feet 5. Depth of rear yard ........................ 1510 feet 6. Width of side yard ....................... 1510 on one side, feet 7. Width of side yard ....................... 15 (4) adjacent to street, feet (1)The front yard setback line for lot 6 shall be ten (10) feet, (2)The rear yard setback for lots 7 through 15 and the southern most lot line of lot 6 shall be twenty (20) feet; and the rear yard set back for lots 1 through 5 and the western most lot line of lot 6 shall be thirty (30) feet. (3)T1te side yard Iine of each lot which has no building setback line adjacent and parallel to it as shown on the subdivision plat, shall be known as the "zero lot line." Side yard line for lots 14 and 15 shall be twenty (20) feet; the joint side yard line for lots 6 and 7 shall be seven and one-half (7.5) feet; and the joint side yard line for lots 9 and 10 and 11 and 12 shall be five (5) feet. ()Side yard setback adjacent to streets shall be twenty (20) feet for lots 14 and 15; and shall be ten (10) feet for lot 7. 8. Width of lot, feet ......................... 45 (measured at front building line) 9. Depth of lot, feet.— ..................... 105 (measured at the mid- point of the frontage) 430 G. Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. OFF -street parking shall be provided in accordance with the provisions of Section 37, Off -Street Parking Requirements, and all other applicable ordinances of the Town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet. H Garages: Attached and detached garages shall not face a golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. L Off -Street Loading: No off-street loading is required in the R -Summit District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council, I Masonry Requirement: All principal and accessory buildings and structures located in each of the zoning s, districts herein shall be of exterior fire resistant construction having at least eighty (80} percent of the total exterior walls, excluding doors, windows and porcheconstructed of brick, stone or other masonry materials. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commnission. 431 SECTION 25 - "XIII" HUD -CODE MANUFACTURED HOME and INDUSTRIALIZED HOUSING DISTRICT A. Purpose: The purpose of this district is to provide adequate space and restrictions for the placement of HUD -Code Manufact tired Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include kfobile Homes as defined in this ordinance) The "Nfli" District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative hotisitrg types both in construction and economy Within tine `i11H District. No HUD -Code matndactured home or Industrialized housingshall be allowed on any parcel or lot except on parcels or lots within the ' IH" District. It is the intent of the "MH" MUD -Code A-fanufactured Home or Industrialized Housing District to n provide the maximum aount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas. B. HUD -Code Manufactured Home / Industrialized Housing Subdivision: Land within the "NIIT' District will be developed as a (IUD -Code Manufactured Home or Industrialized Housing subdivision. Lots within the NIH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the planning and Zoning Commission. All roadways within a HUD -Code Manufactured Home or Industrialized Housing subdivision shall be dedicated to the public. Private interior drives must be approved by the town. Land zoned "N11-1" which is not developed as a HUD -Code Manufactured Home or Industrialized Housing Subdivision may be developed as R1 i, Rig, and R15, so lone as it is developed in accordance `with the regulations of said district. In such case manufactured (tomes or industrialized housing will not be permitted. C. Uses Generally: In the "A4H" (-IUD-Code Manufactured Home or Industrialized Housing District no land shall be used and no building sha11 be installed, erected or converted to any use other than as set far[lt in Section 13, UseTables, and to accordance with the following: 1. Accessory Uses: Accessory uses shall be permittedwithin the "AIH" HUD -Code Manufactured Horne and Industrialized Housing District in accord, ce with the reulations provided in Section 35 Accessary Buildings. g 2. Conditional Uses: Conditional uses may be permitted within the "AIH" HUD -Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in Section 42, Conditional Uses. Limitation of Uses: a. Garage sales are prohibited. b. Private or public alleys shall not be allowed. C. Any use not expressly pennitted or allowed by permit herein is prohibited. D. Site Plan Requirements: All properties with[ u this district shall be contiguous and shall be totally developed under a unified site plan. No application for a building permit for the construction of a building or stricture shall be approved unless a Site Plan has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. E Density Regulations: A maximum density within the A-fH District shall not exceed one (1) dweIIing per lot; and shall not exceed five (5) units per acre. F. Height Regulations: No building constructed in a HUD -Code Manufactured Home or Industrial housing district shall exceed twenty -five (2S) feet, or one (1) story in height. 432 G. Area Regulations: The following minimum standards sliall lines: be required, measured from property 1. Lot Size ........................................... Lots for permitted uses shall have a minimum area of seven thousand five Hundred (7,500) square feet of area. 2. Widdt of Lot, feet ............................... (measured at front building line) 3. Depth of Lot, feet ............................... (measured at mid- point of the frontage) 4. Depth of front yard, feet ...................... S. Depth of side yard, feet ........................ 60 feet 100 25 Not less than fifteen (15) feet to any one side and no building small be closer than fifteen (15) feet to any adjacent dwelling. 6. Depth of rear yard, feet .......................... 25 (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a Iot abuts a street which is contiguous to the perimeter of the Town.) H Landscaping Requirements: Landscaping shall be required in accord:mce with Section 46, Landscape Regulations, I. Underground Utilities:All utility lateral and service lines located within the N&I District shall be installed underground in accordance with the requirements as provided in the Subdivision Regulations as adopted by the Town. J. Open Space Area: Open Space designated for the use and enjoyment of all residents, shall be provided within a HUD Code Manufactured Home or Industrialized Housing subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated Open Space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed. K Development and Installation Standards: 1. HUD Code Manufactured Homes and Industrialized homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and picrs, all in accordance wial manufacturer's specifications. 2. HUD Code Manufactured Homes must have a minimum of an eighteen -inch crawl space shall be left under all homes. 3. A concrete, or asphalt surface with good drainage shall cover the area where a home is to be sited. 4. It is recommended that each HUD Code klanufactured home site have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance in adjacent to each site. 433 5. HND Code Manufactured Homes shall have permanent steps installed at all exits. 6. Skirting shall be securely attached between the HUD Code Manufactured home and die ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with design of the home and enhance its appearance, unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited. 7. Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each HUD Code Manufactured home shall have affixed a seal of the appropriate federal or state department. 8. Sanitation, fire protection and underground utility services shall be provided to each lot in accordance with the Town and Municipal Utility District ordinances and regulations. 9. Ingress and egress to the property shall be provided in accordance with the requirements of the Town ordinance standards and regulations. 10. Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the Town. Such c�uu be accomplished by designating all private interior drives within the project as easements for vehicular access and service. 11. Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents. 12. HUD-Code Manufactured Home or Industrialized Housing subdivisions shall be developed at densities reasonable comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to approval of the Town. 13. Anv structural alteration or modification of a HUD-Code Manufactured Home or Industrialized Home after it is placed on the site must be approved by the Building Official of the Town of Trophy Club. All structural additions shall comply with the Town's Building Codes and ordinances. 14. Site Built Additions: The addition of peaked roof facades, atrium entrances, garages, porches and patios are encouraged in order to increase the compatibility with conventional single family housing in the Town. 15. A carport or garage shall be constructed on site. Said garage or carport shall be of masonry construction and shall have roofing material similar, to that permitted in the R-12 district. The rear of the carport and one side perpendicular to the rear shall be enclosed. Sides located adjacent to streets shall be enclosed. L Interior Drives: 1. The use of private interior drives must be approved by the Town. Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of twenty-eight (28) feet. 2. Public interior streets shall be located within dedicated right-of-ways, and shall have a minimum paved roadway width provided in accordance with tlue applicable standards in the Trophy Club Subdivision Regulations and Design Standards. 434 M. Paving: 1. All private interior drives, entrances, and service drives shall be constructed in accordance with Town design standards and shall have a six (6) inch raised curb and gutter of concrete meeting the street standards of the Town of Trophy Club. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures that may be needed. 2. All parking areas and public streets shall be of concrete construction, as approved by the Town Engineer. N Off -Street Parking: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception of being that a circular drive may be Iocated in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of Section 47, Off Street Parking Requirements, and all other applicable ordinances of the Town. Every residence slialI have a garage or carport which shall have a minimum interior measurement of 21 feet by 22 feet. O. Garages: Attached garages shall not face any public dedicated right -of way or the golf course. Detached garages shall comply with Section 35, Accessory Structures and Uses. P. Screening: A solid, opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD -Code Manufactured Home and Industrialized Housing subdivision which do not abut a dedicated street, as indicated on the Site Plan. Said screening wall or fence shall be of a decorative masonry construction. This requirement can be waived or modified if natural or man- made physical features create an adequate separation of buffer from adjacent uses, as determined by the Town. However any request to waive [his requirement shall be presented as an element of the site plan and slim] be subject to approval at that time only. Q. Preservation of Site Assets: When developing a HUD -Code Manufactured Home or Industrialized Housing Subdivision, the following steps shall be taken to preserve on site assets. 1. Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable in accordance witlu Section 45,Tree Preservation. 2. Topsoil which is suitable and needed for Iater use in finished grading shall be stripped from areas to be occupied by structures, parkin; areas, streets and driveways, and from areas to be regraded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction. R. Water and Sewer: Each HUD Code Manufactured Home or Industrialized Home space or lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be submitted for review by the Town, at the time of site plan approval. Drainage: Engineering phots for drainage shall be submitted for review by the Town at the time of site plan approval. All applicable requirements of the Town shall be complied with. T. HUD -Code Manufactured Home or Industrialized Housing Sales: HUD -Code Manufactured Home or Industrialized Housing subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted. 435 SECHON 26- PD PLANNED DEVO-OPIVIIIV'I` DISTRICT RE, GULATiONS A Purpose: In certain instmices, the purposes of Elie zoning ordinances may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the Zoning Map or the district regulations prescribed by this ordinance or the Subdivision Regulations. A planned development (PD) is on tracts of land of not to exceed more than 230 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of Elie district is to encourage creative development of the land, provide locations for well platuied comprehensive developments, and provide for variety and flexibility in the development patterns of the Town which promote the health, safety, morals and general welfare of the community. The Town Council is empowered to grannt permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedure established herein. B. Planned Development Uses: In a PD Planned Development District, no land shall be used and no building shall be installed, erected forlor converted to any use other than as hereinafter provided. 1. Residential Planned, Developments: shall be considered appropriate where the following conditions prevail: a. The project utilized innovative land development concepts and is consistent with the Comprehensive Laid Use plan and the goals and objectives of the Town. b. Dwelling units are situated such that an appreciable amount of land for open space is available and is integrated throughout the planned development, C. The project utilizes an innovative approach in lot configuration and mixture of single- family housing types, d. Higher densities than conventional single-family projects of the same acreage is achievable with appropriate buffering between existing conventional single-family developments and increased open space. C. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement, L Aesthetic amenities may be provided in tine planned development design which are not economically feasible to provide in conventional single -f lazily projects, and g. The project provides a compatible transition between adjacent existing conventional single family residential projects and provides a compatible transition for the extension of future conventional single family projects into adjacent undeveloped areas. 2. Non -Residential Planned Developments: shall be considered appropriate where the following conditions prevail: a. The project utilized innovative land development concepts and is consistent with the Comprehensive Land Use plan and the goals and objectives of the Town. b. Non-residential uses are situated such that an appreciable amount of land is available for open space or joint use as parking space and is integrated throughout Elie planned development, 436 C. The site exhibits environmentally natural features which should be considered for preservation and/or enhancement, d Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional non-residential projects, and e. The project provides a compatible transition between adjacent existing single family residential projects and provides a compatible transition for the extension of future single family projects into adjacent undeveloped areas. 3. Accessory Uses: Accessory uses shall be permitted ill a PD in accordance with the regulations provided in Seclion 35, Accessory Buildings. Any accessory use permitted within the residential districts of the Town of Trophy Club shall be pennitted as accessory uses to a principal use provided that no accessory use shall be a source of income to the owner or occupant of the principal use. 4. Conditional Uses: Any conditional uses as defined in Section 42, Conditional Uses, shall be permitted in the PD, Planned Development District. 5. Prohibited Uses: a. Any building crected or land used for other than the use shown on the Planned Development Site Plan, as approved by the Town Council. b. Any use of property that does not meet the required miminum lot size; front, side and rear yard dimensions; andlor lot width, or exceeds the maximum height, building coverage or density per gross acreage as shown in the development's recorded Planned Development Site Plan, as approved by Town Council. C. Any use deemed by the Town Council as being detrimental to the health, safety, or general welfare of the citizens of Trophy Club. C. Density, Area and height Regulations: The following density, area and height regulations shall apply: i. Density, area and height regulations for each use shall meet or exceed the maximum and minimum standards applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted or as listed in this section, or demonstrate that the intent of lie standards has been met in accordance with good planning practices. 2. Modification of the density, area and height regulations contained in this ordinance may be allowed by the Planning and Zoning Commission and the Town Council when all of the following circumstances are met: a, The proposed modifications substantially meet the intent of this ordinance, the Subdivision Regulations and the Comprehensive Plan. b. The proposed modification provides for better project design. C. The combination of different dwelling types and/or the variety of land uses in the development will complement each othcr and will harmonize with existing and proposed land uses in the vicinity. d. The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the City EngincerlPlanner. C. Financial reasons shall not be the sole reason for modification of standards. 437 3. In approving the Planned Development Ordinance and Planned Development Site Plan, the Town Council shall, after recommendation by the Planning and Zoning Commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space pe destriaui ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a Planned Development District. Such standards sha11 be specified in the ordinance establishing the district, and in the Planned Development Site Plan, which shall be made a part of the ordinance establishing the district. Approval of the ordinance, resulting in a PD designation being given to the property, may not occur without the Planned Development Site Plan or specific regulations being provided at the time of initial approval. However, conditional to the development of PD zoned property is the requirement that the Planned Development Site Plan and specific density, area, and height regulations must be approved by the Town Council prior to issuance of a building permit by the Town. D. Ownership: An application for approval of a Planned Development Site Plan under the Planned Development District regulations may be filed by a person having a legal interest in the property to be included in the Planned Development Site Plan. in orderto ensure unified planning and development of the property, the applicant shall provide evidence, in form satisfactory to tIte Town Attorney, prior to final approval of the Planned Development Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Planned Development Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. E Development Schedule: An application for a Planned Development District shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated developmcnt to completion. The development schedule, if adopted and approved by the Town Council, shall become part of the Planned Development Ordinance and shall be adlicred to by the owner, developer, and their assigns or successors in interest. Annually, upon the anniversary date, or more frequently if required, the developer shall provide a written report to the Planning and Zoning Commission concerning the actual development accomplished as compared with the development schedule. The Planning and Zoning Cotntnission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved development schedule, initiate proceedings to amend the Official Zoning snap or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. After the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the Town Council may extend the development schedule as may be indicated by the facts and conditions of the case. F. Plan Requirements: No application for a building permit for the construction of a buildin; or structure shall be approved unless 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. G. Concept Plan: The applicant for any PD Planned Development, shall submit a concept plan to the Planning and Zoning Commission and the Town Council for approval prior to submitting a PIanned Development Site Plan. The concept plan shall contain appropriate inforination to describe the general land use configuration, proposed densities or lot sizes, proposed amenities, and proposed area regulations. 438 R. Planned Development Site Plan: No applicant sliall be granted development approval and no building permit shall be issued until a Planned Development Site Plan has been approved by the Town Council in accordance with this Section. The following items shall be shown on the Planned Development Site Plan: 1. The location of all existing and planned non -single family structures on the subject properly. 2. Landscaping lighting and/or fencing andlor screening of common areas. 3. General locations of existing tree clusters, providing average size and number and indication of species 3. Location and detail of perimeter fencing if applicable. 4. Design of ingress and egress with description of special paver treatment if proposed. 5. Off-street parking and loading facilities, and calculations showing how the quantities were obtained for all non single-family purposes. & Height of all non -single famiEy structures. 7. Proposed uses. 8. The location and types of all signs, including lighting and heights for parking lots and common areas. 9. Elevation drawings citing proposed exterior finish materials for all non -single family structures. 10. Location and description of subdivision signage and landscaping at entrance areas. 11. Street names on proposed streets_ 12. Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. 13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property isnot to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be finalplatted, these may be provided at that time. 14. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary, 439 SECTION 27 - NS NEIGHBORHOOD SRRVICB DISTRICT A. Purpose: The purpose of the NS Neinliborhood 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 Neigliborhood Service District, no land shall be used and no building or structure shall be installed, erected for or converted to airy use other than as set forth in Section 13, Use Tables,and in accordance with the foIlotiving: 1. Accessory Uses: Accessory uses shall be permitted within the NS Neighborhood Service District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the NS Neighborhood Service District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein 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 flan has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 46,Landscaping Regulations, has been approved. D. Density Regulations: None. E Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or stnicuire adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height, F. Area Regulations: Tile following minimum standards shall be required, measured from property lines: I. Minimum Open Space .................... 2. Maximum Building Coverage .............. 4.40 At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (nonvehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (6017a) of the total lot area. 3. Maximunt Impervious Area The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80511a) of the total lot area. 4. Depth of front yard, feet* .... I .............. 30 3. Depth of rear yard, feet* .................... 30 (No rear yard shall face any street) 6. Width of side yard on each .................. 13 side, feet* *All required yards shall comply with Section 37, 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. A. Off -Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 47, Off Street Parking Requirements,and all other applicable ordinances of the Town. 1. Off -Street Loading: Off-street loading shall be provided as required by Section 48, Off -Street Loading Requirements. J. Landscaping Requirements: Landscaping shall be required in accordance with Section 46, 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 porclies, constructed of brick, stone or other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.41 SECTION 28 - CG COMMERCIAL GENERAL DISTRICT REGULATIONS A- Purpose: The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate loses 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 colrununity. B. Uses Generally: In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: Hours of operation for the uses set forth in Section 13, Use Tables,shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. I. Accessory Uses: Accessory uses shall be permitted witivn the CG-Couuncrcial District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the CG -Commercial District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: Any use not expressly permitted or allowed by pennit herein is prohibited. C. Plan Requirements: No. application for a building permit for the construction of a building or structure shall be approved unless: I. 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 41, Site Plan Requirements. 3. A Landscape Plan, meeting the requirements of Section 46, Landscaping Regulations, has been approved. D. Density Regulations: None. E. Height Regulations: Except as provided by Section 36, Height Limits,no building shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height. P. Area Regulations: The following lllinimum standards shall be required, measured from property lines: 1. Minimum Open Space.......... At least twenty� percent (_0% a) of the total lot area shall be devoted to nonvehicular open space, (nonvehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 2. IVfaximum Building ................ The combined area covered by all main and Coverage accessary buildings and structures shall not exceed sixty percent (60%n) of the total lot area. 4.42 3. Maximum Impervious.......... Area 4. Depth of front yard, feet* ............... S. Depth of rear yard, feet* ................ (No rear yard shall face any street) 6. Width of side yard o[1 each ............. side, feet* The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (8oc/0) of the total lot area. 30 M 15 *All required yards shall comply with Section 37, Required Yards. G. Buffered Area Regulations: Whenever a CG Commercial General Development is located adjacent 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 Iandscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. R Off -Street Parking: OJT -street parking shall be provided in accordance with [fie provisions of Section 47, Off -Street Parking Requirenfents, and all other applicable ordinances of the Town. I. Off -Street Loading: Off-street loading shall be provided as required by Section 48, Off -Street Loading Requirements. I Landscaping Requirements: Landscaping shall be required in accordance With Section 46, Landscaping Regulations. K. Design Requirements: The following design requirements shall apply in the CG District I. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 3. Mechanical and electrical equipment, including air conditioning routs, shall be designed, minimize and operated to muiuze 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 other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planting and Zoning Commission. 4.43 SECTION 29 - CR COMMERCIAL RECREATION DISS7IRICT REGULATIONS A. Purpose: The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, desigued and sited to be compatible with the recreational use. B. Uses Generally: In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: I. Accessory Uses: Accessory uses shall be permitted within the CR -Commercial Recreation District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the CR -Commercial Recreation District in accordance with the regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prolubi ted. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless 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. . D. Density Requirements: None. E Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed 35 feet or two (2) stories in height. F. Minimum Open Space: All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance %with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. G Buffered Area Regulations: Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, without any division such as a dedicated public street, park or permanent open space, 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. R Site Plan: A Site Plan has been approved meeting the conditions as provided in Section 41, Site Plan Requirements. Landscape Plan: No application for a building permit for any constriction shall be approved unless a Landscape Plan in accordance with the requirements of Section 46, Landscaping Regulations, has been approved. J. Design Requirements: The following design requirements shall apply: 1. No outdoor storage, except for refuse disposal, shall be pernitted. Refuse disposal areas shall be landscaped and screened from view. 4.44 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to mininnize 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. K Off -Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 47, Off -Street Parking Requirements. L Off -Street Loading: Off-street loading shall be provided in accordance with Section 48, Off - Street Loading Requirements. M. 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 other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.43 SUCTION 30 - PO PROF E SSIONAL OFFICE DISTRICT" REGULATIONS A. Purpose: The purpose of the PO Professional Office District is to create a restrictive district for attractive, low to moderate intensity office and professional uses. 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 PO Professional Office District, no Iand 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 13, Use Tables, and in accordance with the following; Delivery and service calls are allowed only between 5:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. 1. Accessory Uses: Accessory uses shall be perEnitted within the PO -Professional Office District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within the PO -Professional Office District in accordance with lite regulations provided in Section 42, Conditional Uses. 3. Limitation of Uses: Any use not expressly pennitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unIess: 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 41, Site flan Requirements. 3. A Landscape Plan, meeting the requirements of Section 46, Landscaping Regulations, has been approved. D. Density Regulations: None. E Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height. F. Area Regulations: The following minimum standards shall be required, measured from property lines: 1. Minimum Open Space At least twenty percent (2007a) of the total Iot area shall be devoted to nonvehicular open space. (nonvehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.) 4.46 2. Maximum Building Coverage......... The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60°'0) of die total lot area. 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, feer'�.............. 30 5. Depth of rear yard, feet* ................ 30 (No rear yard shall face any street) 6. Width of side yard on each .............. 15 side, feet* *All required yards shall comply Ivith Section 37, Required Yards. G, Buffered Area Regulations: Whenever a PO Professional Office Development is located adjacent 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 sliall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses. R Off -Street Parking: Off-street parking shall be provided in accordance with the provisions of Section 47, 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 48, Off - Street Loading Requirements. 7. Landscaping Requirements: .Landscaping shall be required in accordance with Section 46, Landscaping Regulations. I%. Design Requirements: The following design requirements shall apply in the PO 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 miiumize noise itnpact 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 other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.47 SECTION 31 - GU GOVERNMENTAL USE DISTRICT REGULATIONS A- Purpose: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. B. Uses Generally: In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in Section 13, Use Tables, and in accordance with the following: 1. Accessory Uses: Accessory uses shall be permitted within the GU -Governmental Use District in accordance with the regulations provided in Section 35, Accessory Buildings. 2. Conditional Uses: Conditional uses may be permitted within die GU -Governmental Use District in accordance with the regulations provided in Section 42, Conditional User. 3. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. C. Plan Requirements: No application for a building permit for the construction 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. A Site Plan has been approved meeting the conditions as provided in Section 41, Site Plan Requirements, and 3. A Landscape Plan, meeting the requirements of Section 46, Landscaping Regulations, has been approved. D. Density Regulations: None E Height Regulations: Except as provided by Section 36, Height Limits, no building shall exceed 33 feet or two (2) stories in height. F. Area Regulations: The yard requirements shall not be less than the requirements of the most restrictive abutting property. 1. Lot Size ........................... None. 2. Minimum Open Space......... At least twenty percent (2017D) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, strictures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. @ES. 3. Maximum Building-........... The combined area covered by all main and Coverage accessory buildings and structures shall not exceed sixty percent (609b) of' the total lot area. 4. Maximum Impervious.......... The combined area occupied by all buildings, Area structures, off-street parking and paved areas shall not exceed eighty percent (8017o) of the total lot area. 5. Minimum Floor Area........... None. 6. Front, Rear and Side Pard.... The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with Section 37 Required Yards. G Buffered Area Regulations: Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance %with the provisions of Sectian 44, Screening and Fencing. H Off -Street Parking: Off-street parking shall be provided in accordance with Section 47, Off - Street Parking Requirements. L Off -Street Loading: No off-street loading is required in the GU District. J. 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 other masonry material. Other materials of equal characteristics may be allowed upon approval of the Planning and Zoning Commission. 4.49 SECTION 32 - HISTORIC LANDMARK A- Historic Landmark: Any zoning district designation appearing on the Zcring District Map may be followed by the suffix "H" indicating a I-Estoric Landmark subdistrict. Such historical, architectural, archaeological or cultural structures of importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education and welfare of the people shall be worthy of consideration for application for this district. The "H" designation shall apply to those premises, lots, or tracts designated through the procedures set forth herein. Additional uses may be permitted in any specific "H" subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict. B. Historic Landmark - Defined: As used in this section, the term "Historic Landmark" shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the Town Council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and welfare of the people. C. Declaration of Policy: The Town Council hereby finds and declares as a matter of public policy that the protection, ciihancement preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. D. Historic Landmarks - Designation: The Town Council may designate certain buildings, land, areas and districts in the Town as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land. After all notice requirements of State zoning statutes, Tex. Rev. Civ. Stat. Ann. Art, hal la through 1011f, as amended, have been complied with and all required public hearings have been conducted pursuant to said State statutes and this ordinance, and upon receipt of the Planning and Zoning Commission's recons mendation, the Town Council may designate the building, land, area or district with the "H" suffix. The suffix "H" shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the Town Council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in this ordinance. All Zoning District Flaps shall reflect the designation of a historical landmark subdistrict by the letter "H" as a suffix. I Historic Landmarks - Criteria: In makin-an historic landmark designation as set forth in the immediately preceding paragraph, the Town Council and the Planning and Zoning Commission shall consider one or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristic of the Town of Trophy Club, State of Texas or the United States; 2. Identification with a person or persons who significantly contributed to the culture and development of the Town; 3. Location as the site of a significant historic event; 4. Exemplification of the cultural, economic, social or historical heritage of the Town; 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; 6. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or conurnuiity of the Town; and T Value as an aspect of community sentiment or public pride. 4.50 ARTICLE V SUPPLEMENTARY DISTRICT REGULATIONS SECTION 33 - TEMPORARY USES A Permitted Uses: The following uses, which are classified as temporary uses, may be permitted by the Zoning Administrator in any district for a period not to exceed a period of thirty (30) days except for item 7, 11, and 12 below. 1. Carnivals. 2. Circus. 3, Fairgrounds, 4. Religious assemblies. 5. Sports events. 5. Political rallies. 7. Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is rene%ved annually. S. Armed forces displays. - 9. Educational or informational displays. 10. 'Temporary sales of merchandise by non-profit organizations. 11. Real estate sales offices, but only during the development of residential subdivisions, rm provided that such use shall not be peitted for more than three (3) years and such offices shall only be located in a permanent residential structure; 12. Off street parking for Model Homes in residential districts, provided on one lot which complies with all set back requirements or the district in wlmich it is located for a time period of not Greater than one year, however such temporary use maybe renewed annually. B. New Residential Districts: A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for A.7 (above) which shall not be located closer than one thousand (1,000) feet to a developed residential district. C. Temporary Use Permit: A permit for the temporary use of any property for the above listed uses shall be secured from tie Town Planning and Zoning Administrator prior to such use, and after payment of all applicable fees. D. Time Period: Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete [nixing or batching plants, and off street parking 5.1 for model homes in a residential district, during any ane year shall constitute a permanent use and such parcel or property shall autocratically again be subject to [ice district regulations of the zoning district in which such parcel or property is located. Annual Extensions of the temporary use permit may be issued by the zoning administrator upon written request by the applicant. E Special Privilege: Permission may be granted for a period not to exceed seven (7) days by the Town Council as a special privilege to civic organizations and other nonprofit organizations to allow temporary uses A.l, A.2, A.3, A.4, A_5, A.8, A.9, and A.ln, which shall not be located closer than sixty (60) feet to a residential district. 5.2 SECTION 34 - SALE OF ALCOHOLIC BEVERAGES Notwithstanding any other provision of this ordinance, the storage, possession, sale, serving or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by tate laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: A Definitions: For the purposes of this section, the following words and phrases shall have the meanings ascribed to them as follows: 1. Alcoholic Beverage shall mean 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. 2. Restaurant with alcoholic beverage sales shall mean 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 (60) percent of total sales. B. Zoning Required: The storage, possession, sale or serving of alcoholic beverages by any party for either on premises or off premises consumption shall be illegal unless on property zoned specifically for that purpose as a conditional use in accordance with and pursuant to Section 4.2, Conditional Uses. C. Conditional Use Permit Required: No party shall sell or serve alcoholic beverages for on premises consumption as the holder of a mixed beverage or private club pennit except in operating pursuant to a Conditional Use Permit issued in accordance with and pursuant to Section 42, Conditional Uses. D. Affidavit Reflecting Gross Sales: The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on premises consumption shall, on an annual basis, no later than the thirteenth day of the month following (12) months of operation, file with the Town Secretary an affidavit, on an officially approved form provided by the Town Secretary, that reflects gross sales for the preceding twelve (12) months, breaking down the sales of food, alcoholic beverages and other items. The party shall also file on an annual basis, at the same time the affidavit is filed, a copy of the filing supplied to the State of Texas for sales tax and alcoholic beverage tax purposes. E Certificate of Occupancy Requirements: A certificate of occupancy shall be issued by the Town's building inspection department at such time as thep arty Complies with all aspects of this zoning ordinance and all other applicable ordinances. No certificate of occupancy may be assigned or transferred and the same is valid only as to the recipient. No party may operate a restaurant or private club that is zoned pursuant to this Section and Section 42, Conditional Uses, without a valid and current certificate of occupancy. 1. The Town Building Official, upon receipt of information from the Town Secretary that the holder of a certificate of occupancy under this Section has failed to comply with one or more of the requirements, may cancel and terminate Ilse party's certificate of occupancy by giving the party written notice that specifies the violation. 53 2. The notice requirement from the Town shall be satisfied by placing said notice in the United States mail addressed to the last address provided to the Town by the entity or party that holds a certificate of occupancy. The notice from the Town shall state that the certificate of occupancy sliall be cancelled unless the party or entity corrects the violation within thirty (30) days of receipt of the notice, except as hereinafter set out. However, a party or entity that submits an annual report pursuant to this Section that does not satisfy the sixty (60) percent requirement relating to food sales shall have the alternative of filing monthly reports for a period of six (b) months. 3. The monthly reports shall contain the same information and be in the same form as the annual reports except that said monthly reports shall reflect an accumulation of total sales for the preceding twelve-month period reflected in the annual report added to the monthly sales. SECTION 35 - ACCESSORY STRUCTURES AND USES An accessory structure or uses shall comply in all respects with the requirements of this ordinance applicable to the main building, and in accordance with the following: A. Residential Accessory Structures and Uses: In the following districts, R -S, R-9, R-10, R-11, R-12, R-15, R -Fairway Village, R -Twenty in Trophy, R -Oak Hill, R -Oak Hill Patio, R -Summit, MH HUD Code Manufactured Home and Industrialized Housing, and PD (when used as residential) shall be subject to the following regulations for accessory use for residential purposes. Permitted Accessory Structures and Uses: The following structures and uses shall be permitted as accessory to the principal structure or use provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for a home occupation: a. Detached private garage in connection with any use permitted in these districts, provided that no suchgarage shall face a golf course; and provided that any detached garage which faces a street be located not less than forty-five (15) feet from the front property Iine; 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. b. Cabana, pavilion or roofed area. C. Private swimming pool. d. Signs subject to the provisions of the Town Sign Ordinance. e. Home occupation. C Storage buildings Cr Private latmdry or utility building h. Tool house or shed i. Lath or Greenhouse (as hobby not business) j. Home workshop 5.4 L Childrens playhouse 1. Garden Shelter in. Flag Pole (not to exceed 20' feet) 2. In the following districts, R-8, R-9, R-10, R -ll, R-12, R-15, R -Fairway Village, R -Twenty in Trophy, R -Oak Hill, R -Oak Hill Patio, R -Summit, MH HUD Code Manufactured Home and Industrialized Housing, and PD (when used as residential) District when any of the foregoing permitted residential accessoryuses are detached from the principal single- family dwelling, said uses shall be located no less than forty-five (45) feet from the front property line nor less than twenty (20) feet from any street right-of-way, and six (6) feet from rear and side lot lines, nor within any identified casement. In addition, accessory structures_permitted in these districts shall not exceed one story in height. B. Non- Residential Accessory Structures and Uses: The following districts, NS, PO, CG,CR,GU,and PD (when used as non-residential) shall be subject to the following non- residential accessory use regulations. The following uses shall be permitted as accessory uses, provided that such use shall be located not less than twenty (20) feet 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, provided that such use shall be located not less than twenty (20) feet from any street right- of-way: a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet 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, Temporary Uses. C. Signs subject to the provisions of the Town Sign Ordinance. 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 or roofed area b. Signs subject to the provisions of the Town Sign Ordinance C. Uses and structures which are customarily accessory and are clearly incidental to the permitted and conditional uses and strictures. 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. Signs subject to the provisions of the Town Sign Ordinance 5.5 b. Uses and structures which are customarily accessory and are clearly incidental to [lie permitted and conditional uses and structures. C. )Prohibited Uses: The following uses and structures shall be prohibited: I. Treehouses 2. Metal, vinyl or similar material buildings 3. Temporary buildings on skids 4. Elevation, free standing structures, or playhouses exceeding S feet in height. a Permit Requirement: An Accessory Building or Structure Permit shall be obtained from the Town Planning and Zoning Administrator and the fee for said permit paid prior to the construction of any accessory building or structure, if any of the following conditions are present: 1. An accessory building exceeds a total of eight feet in height including struts and support pools etc.-, 2. An accessory building exceeds 100 square feet in area. E Location: An accessory building shall not be located in any front yard, as defined by this ordinance; 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 ten (10) feet from any dwelling existing as long as the excavation of the swimnning pool does not in any way harm or endan-er the existing building or dwelling. F. Yard Requirements: Unless otherwise permitted by this ordinance, accessory buildings shall be subject to the same yard requirements as the principal structure. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. G. Garage Requirements: A detached garage permitted as an accessory use in a residential district shall be a minimum interior dimension of 21 feet by 22 feet, and be constructed so as to accommodate the enclosed parking of at least two automobiles. In addition all detached garages shall be located at Ieast sixty-five (45) feet from the front property line of a residential lot. a Masonry Requirements: All accessory buildings shall conform to the masonry requirements as recorded in each zoning district for main structures. I. The exterior surfaces of all accessory buildings shall be consistent with the primary structure. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are not practical nor appropriate are excluded from the masonry requirements. Examples of excluded accessory structures may include, but not be limited to, the following; gym sets, playhouses, greenhouses, garden shelters, gazebos, pavilions, etc. 2. If a question exists as to whether or not an accessory use is exempt, the Town Planning and Zoning Administrator or the Plamiing and Zoning Commission shall determine which structures are exempted from the masonry requirement; however, the Zoning Board of 5.6 Adjustments will provide the final determination of exempted accessory structures if the decision of the Town Planning and Zoning Administrator or Planning and Zoning Commission is appealed. SECTION 36 - HEIGHT LIMITS Height limitations stipulated elsewhere in this ordinance shall be modified such that chimneys, water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the Town. All such portions of buildings andlor structures extending in excess of ten (10) feet above the permitted height as provided in each zoning district shall require approval of the Town Council prior to issuance of a building permit. In the case of non-residential structures all such extensions shall be clearly noted and detailed on a site plan. SECTION 37 - REQUIRED YARDS A- Adjacent to Streets: Where Elie front or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block. B. Minimum Requirement; Tile Planning and Zoning Commission may recommend and the Town Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. C. Play Area Equipment: Play area equipment shall be located in the required rear yard. SECTION 38 - PROJECTIONS INTO REQUIRED YARDS Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: A. Cornices, Eaves and Sills shall be not more than two (2) feet into any required yard. B. Balconies, Bay Windows and Chimneys shall be not more than three (3) feet into front yards, or two (2) feet into side and rear yards. C. Patios may be located no closer than five (5) feet to any side yard property line nor closer than ten (10) feet to the rear property line unless approved by the Town. In Elie case of a comer lot, patios shall be subject to the regular street side yard requirements of the district. D. An Open Fire Escape shall be not more than three and one-half (3-112) feet into rear yards, provided that such structure does not obstruct ventilation or light. 5.7 L- Any Fence, Wall, Hedge, Shrubbery, Etc. shall be no higher than a base line extending from a point two and one-half (2-112) feet above the front walk Grade to a point four and one-half (4- 112) feet above walk grade at the depth of the front yard, and single trees having single trunks which are pruned to a height of seven (7) feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard shall also observe front yard re;ulations with regard to fences, walls, hedges, shrubbery, etc. on the side street except that die Town Council may, by special ordinance, permit the construction of' a fence not to exceed six (6) feet in height, which does not project more than five (S) feet into the required side yard setback area. See Appendix A, Obstruction Zone and Sight Distance Zone Diagrams. F. Mechanical Equipment: In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, shall be permitted in the required side yard or rear yard abutting a residentially zoned district. SECTION 39 - RIGHT-OF-WAY AND EASEMENT DEDICATION REQUIREMENTS Right-of-way and easement dedication shall be made in accordmhce with the Town Subdivision Regulations and Comprehensive Land Use Plan. 5.8 SECTION 40 - NONCONFORMING USES AND STRUCTURES A. Intent: Within the districts established by this Ordinance, there exist Iots, structures, and uses of land and strictures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terns of this Ordinance. It is the intent of this Ordinance to pennit these non -conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this Ordinance that non - conformities shall not be wilirged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in flus same district. B. Nonconforming Building or Structure; When on the effective date of this Ordinance, a building or structure, exists that could not be built under the terms of this Ordinance by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure, or its location on the Iot, such building or structure may be continued subject to the following provision: I. No nonconforming building or structure may be cularged or altered in any way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the Zoning Board of Adjustment, and provided further that no building or stricture ]tnvinc nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is make to conform to the provisions of this Ordinance. However, nothing in this provision sliall be construed to prohibit normal repair, maintenance and non-structural alterations to such building or structure, nor [lie alteration, strengthening or restoration to safe condition as may be required by law with the issuance of a building permit approved by the Building Official. 2. When a nonconforming building or structure is damaged by fire or other causes, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its value according to the most current value shown on the appraisal roll of the Tax Appraisal District, the Building Official is authorized to approve a building permit for reconstruction. If greater than fifty percent of such value, the Zoning Board of Adjustment may grant a permit for repair, but not for the enlargement of the building or structure, but only after consideration has been given for removal of the nonconforming feature. 3. The right to use and maintain any nonconforming building or structure shall terminate and shall cease to exist whenever the nonconforming building or structure becomes substandard under any applicable Ordinance of the city and the cost of replacing such building or structure is lawful compliance with the applicable Ordinance exceeds fifty percent of the replacement costs of such building or structure. 4. In determining the replacement cost of any ttanconforming building or structure, there shall not be included therein the cost of land or any factors other thvt the most current value shown on the appraisal roll of the Tax Appraisal District of' the nonconforming building or structure itself, including foundation. WE C. Non -Conforming Uses: When on the effective date of this Ordinance, a use of a building or structure or of a building or structure and premises in combination, exists that would not be allowed in the district under the terms of this Ordinance, the use may be continued subject to the following provisions: No building or structure associated with a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered without approval of a building permit which has been authorized by the Board of Adjustment, provided that nothing in this provision shall be construed to prohibit normal repair, maintenance and non-structural alterations to such building or structure, nor prohibit die alteration, strengthening or restoration to safe condition as may be required by lase after the issuance of a building permit by the Building Official. 2. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this Ordinance may require abatement within a given period of time; provided, the right to continue such nonconforming use shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming use shall be subject to such reasonable regulations as the Zoning Board of Adjustment may require to protect adjacent property and shall be subject to the specific nonconfonnina use regulations herein contained. 3. Any nonconfornning use may be changed to a use coil femmng with the regulations herein established for the district in which the nonconfonning use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed to another nonconforming use or be returned to a nonconforming use status. A. Whenever a building or structure containing a nonconforming use is destroyed by fire or the elements, it shall not he reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its current replacement value, the Building Official is authorized to approve a building permit for reconstruction. If greater than fifty percent of its current replacement value, the Zoning Board of Adjustment is authorized to consider approval of a building permit for reconstruction. 5. Whenever a building or structure containing a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this Ordinance. Abandonment shall involve the intent of the owner to discontinue a nonconforming use which id discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned. A nonconforming use shall also be considered abandoned when it has been replaced with a confonning use or the zoning district boundaries have been changed so as to make the use conform with these regulations. D. Non -conforming Lots: When on the effective date of this Ordinance, a lot of record exists which contains less than the inininnum lot requirements for area, depth or width, as contained in this Ordinance, such lot of record may be used for any valid use, building or structure authorized in this Ordinance, provided that the requirements for building setback, side vard, rear yard, height, parking, landscaping and other applicable provisions of this Ordinance are satisfied. 5.10 SECTION 41 - SITE PLAN REQUIREMENTS Whenever a site plan is required by this Ordinance, such site plan must conform to die requirements of this Section. Except as otherwise provided herein, all site plans must be approved by the Town Council upon recommendation of the Planting and Zoning Commission. A. Requirement prior to Building Permit: When required by this ordinance , a site plan must be approved prior to issuance of a building permit by the Town. B. Changes to the Site Plan. Changes to the site plan shi dl be processed in the same manner as tlhe original approved site plan. I. Except as otherwise provided in Section 41, Subsection B-3 below, any site plan that is amended shall require approval of the Town Council upon recommendation of the Planning and Zoning Commission. 2. Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings, 3. Changes of details within a site plan which do not alter the basic physical relationship of tine property to adjacent property; do not alter the use permitted; increase the density, floor area, height, or reduce time yards provided at the boundary of the site as indicated on tlhe approved site plain, may be authorized by the Town's designee. An aggrieved party may appeal the decision of the Town's designee to the Zoning Board of Adjustment in accordance with the provisions of this Ordinance.. C. Council Approval: Council approval of a site plan that accomparues a zoning change request shall become part of die amended ordinance. Hearings held by the Council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of Section 55, Public Hearings. D. Compliance with Town Design Standards: The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the Town. E. Site Plan Contents: Tile site plan shall contain time information listed below and any or all of the required features may be incorporated ori a single drawing if such drawing is clear and capable of evaluation by the Planting avid Zoning Commission, the Town Council and the staff personnel required to enforce and interpret this Ordinance. 1. The location of all existing and plahhned structures on the subject property and approximate locations of structures on adjoining property within 100 feet. 2. Lighting andlor fencing and/or screening of yards and setback areas and proposed changes. 3. Design of ingress and egress. 5.11 4. Off-street parking and loading facilities, and calculations showing how the quantities were obtained. S. Height of all structures. 6. Proposed uses. 7. Landscape plan S. Tree Survey indicating location, size, and type of all existing trees. 9. The location and type of all signs, including lighting and heights. 10. Elevation drawings citing proposed exterior finish material. 11. Street names on proposed streets. 12. Proposed water, wastewater collection, and storm sewer lines, proposed grading and drainage patterns. 13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. 14. Utility and drainage easements for dedicated infrastructure, if required. 13. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary. 5.12 ARTICLE VI CONDITIONAL AND SPECIAL USE SECTION 42 - CONDITIONAL USES 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 winch 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 must, based upon findings of fact derived from evidence received at public hearing, recommend approval and the Town Council must, by ordinwice, approve the establislunent 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 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 conditional use permit is sought shall be accompanied by evidence of the consent of the owner. D. Application for Conditional Use Permit: An application for a conditional use permit shall be filed in duplicate with the Town Planning and Zoning Adinii istrator, who shall forward, without delay, one copy to the Planning and Zoning Commission. The application shall include the conditional use permit fe'c, 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. 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; S. The particular provision of this ordinance authorizing the proposed conditional use; 6. A general description of the proposed conditional use; 6.1 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 value, use or enjoyment of other property in the neighborhood; 10. A statement as to hose die 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 Bearing on the application shall be held and notice thereof given in die manner mud forin required for amendments as set out in Section 52, Amendments, and as provided by State law. F. Residential Conditional Uses: The following districts: R-8, R-9, R-10, 'R-11, R-12, R-15, R. Fairway Village, R -Twenty in Trophy, R -Oak Hill, R -Oak Hill Patio, R -Summit, and PD (when used as residential) Districts shall be subject to the following regulations for residential conditional use purposes. 1. Permitted Conditional Uses: The following uses shall be permitted as conditional uses provided that a Conditional Use Permit is issued: a. Non-profit coirununity centers and swimming pools and tennis courts; b. Tennis courts, private; C. Family home. G. Non -Residential Conditional Uses: The following districts: CG, CR,GU, PO,NS, and PD (when used as non-residential) shall be subject to the following non-residential conditional use regulations. - I. Permitted Conditional Uses in CG -Commercial General District and in NS - Neighborhood Services District: The following uses shall be permitted as conditional uses provided a Conditional Use Permit is issued: a. None 2. Permitted Conditional Uses in CR -Commercial Recreational District: The following uses shall be permitted as conditional uses provided a Conditional Use Permit is issued: a. Caretaker or guard residence. 3. Permitted Conditional Uses in GU -Governmental Use District and in PO - Professional Office District: The following uses shall be permitted as conditional uses provided a Conditional Use Pernnit is issued: a. Governmental maintenance facilities; b. Public utility facilities. 6.2 H 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 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 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; 4. That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, use limitations, and performance standards; S. 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 47, Off -Street Parking Requirements and Section 48, 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; S. 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; 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, 63 I. Conditions and Restrictions: In granting a conditional use, the Planning and Zoning Commission may recommend, and die 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 oilier property in die neighborhood, and to cavy out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the conditional use permit, J. 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. K- 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 merety 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. L Period of Validity: No conditional use permit shall be valid for a period longer than one (1) year from the date on which the Town Council grants the conditional use uless within such one (i) year period: 1. A building permit is obtained and the erection or alteration of a structure is started; or 2. an occupancy permit is obtained and a use commenced. The Town Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or lhearing. No additional extension sltall be granted without complying with the notice and hearing requirements for an initial application for a conditional use pernii€. SECTION 43 - SPECIAL USE PERMITS A. Purpose: The special use permit procedure is designed to provide the Planning and 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 avoid, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The 'discretionary special use permit procedure is designed to enable the Planning and 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 request for a special use permit 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. 6.4 B. Authorized Special Uses: The following uses and structures may be established or constructed only upon the issuance of a special Ilse permit in accordance with the provisions of this Section. 1. Radio, television, or microwave towers in any commercial district, 2. Public utility distribution facilities and equipment in any district. 3. Privately owned and operated children's playgrounds in the tern"playground" as defined in this ordinance. C. Application: An application for a special 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 special use permit is souht shall be accompanied by evidence of the consent of the owner. g D. Contents of Application: An application for a special use per lit, along with the special use Permit fee, 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 contain the following information, as well as such additional information as may be prescribed by rule of the Platufing 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. A description of the proposed special use; 6. An application for site plan approval; 7. A statement as to why the proposed special use will not cause substantial injury to the value, use or enjoyment of other property in die neighborhood; S. A statement as to how the proposed special 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 impaired or adversely affected; 9. An identification of any potentially adverse effects that may be associated with the Proposed special use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. 6.5 E Hearing on Special Use Permit Application: A public liearing on an application for a special use permit shall be held and notice thereof given in the manner and form required for amendments as set out in Section 52, Arnendinents,and as required by State law, F. Consideration of Special Use Permit Application: In considering an application for a special use permit, the Planning and Zoning Commission and the Town Council sliall take into consideration the following factors: 1. Whether the proposed special use will adversely affect the safety of the motoring public and of pedestrians using the facility and [lie area immediately surrounding the site; 2. Whether the proposed special use will adequately provide for safety from fire hazards and have effective measures of fire control; 3. Whether the proposed special use will adequately protect adjacent property from flood or water damage; 4. Whether the proposed special use will have noise producing elements; 5. Whether the glare of vehicular and stationary lights will affect the established character of the neighborhood; 6. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site; 7. Whether such signs will have an adverse effect on adjacent properties, S. Whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use; 9. 'Whether the proposed special 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; 10. Whether the proposed special 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 special 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; 11. Whether the proposed special use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; 12. Whether the proposed special use at the specified location will contribute to or promote the welfare or convenience of the public; 6.6 13. Whether off-street parking and loading areas will be provided in accordance with the standards set out in Sections 47, Off -Street Parking Requirements and Section 48, Off -Street Loading Requirements, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 14. 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; 15. Whether the proposed special use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, policy and fire protection, drainage strictures, 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; 16. Whether the proposed special use will result in the destruction, loss or damage of any natural, seenic or historic feature of significant importance. G. Conditions and Restrictions: In considering a special use pennit application, the Planning and Zoning Cominission `may recommend, and the Town Council may impose, such conditions, safeguards and restrictions upon the premises benefited by the special use as may be necessary to avoid, miniinize, or mitigate any potentially injurious effect of such special 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 die special use permit. H Affidavit of Compliance with Conditions: Whenever any special use pennit 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. )affect of Issuance of a Permit for a Special Use: The issuance of a permit for a special 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: No special use pennit shall be vaIid for a period as determined by the Town Council. 6.7 ARTICLE VII DEVELOPMENT AND DESIGN STANDARDS SECTION 44 - SCREENING AND FENCING A Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent pennitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required in the various zoning districts or in tins Section in accordance %vitr tlhe following standards. Provided, however, that nothing in this Section shall be deemed to repeal any provision of the Town fence ordinance, and all provisions of said ordinance shall be complied with and are hereby ratified, verified, approved and affirmed. B. Screening Standards: The following screening standards shall be complied with: 1. Fences, walls and dense Iandscaped hedges or plantings are permitted in any zoning district as a screening element; however, succi screening elements shall conform to tlhe restrictions set forth herein. 2. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential tot, use or district shall be solidly fenced by the non-residential use so as to obscure the view from the residential lot, use or district to the non-residential use to a lheight of ciglht (S) feet. Where the district boundary dividing a residential district froma non-residential district is along a street or alley, and an automobile parking lot or parking area is located in tlhe 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 to a ihcigltt of not less than four (4) feet. 3. In non-residential areas, garbage, refuse and trash collectionlstorage areas shall be fully screened from view by a fence or wall of at least eight (8) feet in height. 4. Off-street loading areas shall be adequately screened from view of any residential dwelling from any other adjacent land use. 5 In any district, exterior appliances and equipment shall be screened so as not to be visible from any street. 6. On lots abutting a golf course in residentially zoned areas, screening along the golf course shall be limited to see-through ornamental metal fence. 7. Screening, as herein referred, shall mean :uhy of the following: a. 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 30070 open; or b. Any dense evergreen (hedge or plant material suitable for providing a visual barrier, for which such material slhall be maintained in a healthy growing condition. C. A solid wood fence. 7.1 8. 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 anv way obstruct the view so asto constitute a traffic Irazslyd 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. 9. Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, ]ledge or other dense planting material. 10. Fences, Walls, Hedges: With the exception of other 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 not to exceed six feet in height, provided the following shall 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 (2-112') 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-cf- way lines and a line formed by connecting a point 35 feet from Elie street intersection on one street right-of-way line with a corresponding point on the other street right-of-way line. Any object so erected, placed, planted or maintained shall be prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. b. At Interior Lots: 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 tine 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 Zoning Administrator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. C. 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 lire screening or landscaping. a Maintenance of living material: All required screening materials shall be maintained and repaired in a neat and orderly maturer 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 7.2 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. E Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoiting 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 dictate 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. F. Perimeter Fencing: A decorative masonry or ornamental wall or fence consisting of masonry post with sealed Western Red Cedar �L'i�elco wooden insets or equivalent, shall be constructed on property lying along the perimeter Town Limits line of the Town in conjunction with development of that property. Where a tract of land has been platted or is owned under single ownership or under single control, which tract of land touches any part of the perimeter or corporate Iimits of the Town, the owner, subdivider or developer of that tract of land shall build, erect or place a continuous wall or fence at least eight (S) feet in height at the time any street improvements are constructed within the subdivision, or the commencement of construction, or the development of any Icind upon the said tract of land. 7.3 SECTION 45 - TREE PRESERVATION A Purpose: The purposes of this Section are to establish rules and regulations governing the protection of trees and vegetation cover within the Town of Trophy Club, to encourage the protection of Healthy trees and vegetation and to provide for replacement and replanting of trees that are unnecessarily removed during construction, development or redevelopment. The provisions of this Section allow trees located within necessary public right-of-ways and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a trec permit. B. Applicability: The terns and provisions of this Section shall apply to real property as follows: 1. All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, Including additions and alterations. 4. The yard areas of all developed property, excluding developed and owner -occupied single-family residential property. C. Tree Preservation Permit Required: No person, directly or indirectly, shall cut down, destroy, remove or move, effectively destroy through damaging any tree, specimen tree or historic tree situated on property described above without first obt[diiing a tree permit unless the conditions of Section 44, Screening and Fencing, apply• D. Application: Pernuts for removal or replacement of trees covered Herein sliall be obtained by malting application an a form prescribed by the Town to the Platuting and Zoning Cominission. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk diameter and height) and common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two copies of a legible site plan drawn to the largest practicable scale indicating die following: 1. Location of all existing or proposed structures, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships. 2. Existing and proposed site elevations, grades and major contours. 3. Location of existing or proposed utility easements. 4. The location of trees on die site to be removed or replaced. 3. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal or replacement. 7.4 6. Application involving developed properties may be based on drawings showing only that portion of the site directly involved, adjacent structures, and landscaping or natural growth incidental thereto. 7. Aerial pbotographs at an appropriate scale may be substituted, at the discretion of the Planning and Zoning Commission, for a site plan, if adequate site information is supplied on the aerial photographs. E. Application Review: Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions and platted lots. Said review may include field inspection of the site, and the application may be referred to such departments as deemed appropriate for review and recommendations. If the application is made in conjunction with a site plan submitted for approval, the application will be considered as part of the site plan; and no permit sliall be issued without site plan approval. Following the review and inspection, the permit application will be approved, disapproved or approved with conditions by the Planning and Zoning Commission, in accordance with the provisions of this Section, F. Tree Removal: 1. No tree or trees shall be removed prior to the issuance of building permits unless one of the following conditions exist: a. The tree is located in a utility easement, public street right-of-way, or drainage easement. In the event tint certain trees outside the above areas are requested to be removed to allow the operation of equipment, the applicant shall submit a plat and site plan which indicates the exact operation area needed. The Planning and Zoning Commission may approve selected removal under this condition. b. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. C. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to issuance of a building permit. 2. Upon issuance of a building permit, builders shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. G. Replacement: In the event that it is necessary to remove a tree or trees outside the buildable area, the developer, as a condition to issuance of a tree removal permit, will be required to replace the tree(s) being removed with comparable trees somewhere within the site. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a reiinimum of 3" caliper and 7 feet in height when planted. H Tree Protection: During any construction or land development, the developer or subdivider shall clearly marl: all trees to be maintained rind may be required to erect and maintain 7.5 protective barriers around all such trees or groups of trees and shall provide the Town with a map of such survey. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip line of any tree. In addition, during the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow (lie disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain. No attachments ,or wires of any kind, other than those of a protective nature, shall be attached to any tree. Exceptions: In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Planning and Zoning Administrator and the tree may then be removed without obtaining a written permit as herein required. However, utility companies franchised by the Town may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner -occupied properties developed for one-fiunily use, disposal of such tree sliall be at the option of the property owner. In addition, during the period of an emergency, such as a tornado, stone, flood or other act of God, the requirements of this ordinance may be waived as may be deemed necessary by the Town Council. J. Exemption: This section shall apply to all new development and construction. Development completed prior to the enactment of this section shall not apply. 7.6 SECTION 46 - 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 the violation and describing what action is required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from 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 reasonably free of weeds and noxious pests and insects. 2. Trees: Trees referred to in this Section shall be of species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (I5) feet crown or spread. Trees shall be of a minimum of seven (7) feet in height at time of planting. 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 tivhich will be three (3) feet high within one year after time of planting. 4. Vines: Vines shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified. S. Ground Cover: Ground covers used in lieu of grass in whole and in part 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, beans 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 trees for the herein minimum requirements. 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 7.7 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 Iandscaping. 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 growina condition as is appropriate for [lie season of the year. Plant materials which die shall be replaced with similar plant material. F. Sight Distance and Visibility: Rigid compliance with these landscaping requirements shall not be such as to rause 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 richt-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 lite 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 Iisted 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: Each residential lot shall have a minimum of three trees located in the front yard prior to issuance of a certificate of occupancy. 2. 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. Stich revision should be submitted to the Town Planning and Zoning Adinitnistra€or 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 ownerlbuilder shall provide a drawing illustrating all landscaping plans. The Landscape Plan shall contain, as a minimum, the following information: a. It is not necessary that the drawing be to scale; However, it is to be drawn such that the physical relationship of property, structures, and landscaping are easily discernible; b. Show the 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 Iandscape features; 7.8 d. Species of all plant material to be used; C. Size of all plant material to be used; f. Spacing of plant material where appropriate; g. Layout and description of irrigation, sprinkler or Seater systems, including placement of water sources; H Requirements for Non -Residential Districts and Uses: The following requirements shall be additional requirements for Iandscaping 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 requires an approved subdivision plat or site plan, no such find 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 Plarmine and Zoning Commission determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Pl.a n has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of Elie issuance of the Certificate of Occupancy. 2. Landscape Plans:, Prior to tine issuance of a building, paving, grading or construction permit, a Landscape Plan shall be submitted to tile Town 'Planning ToPlanning 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 Elie 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 Iandscape design. Landscape Plans shall contain Elie following information: a. INEirimum scale of one inch equals 50 feet; 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; CF. -Layout and description of irrigation, sprinniler 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. VA 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. a. Interior Landscaping: A ininimum 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: (1) Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. (2) 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. (3) 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)parkin= 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 (3) feet in height. Interior planter islands shall have a niilumum size of ten (10) by twenty (20) feet. (4) 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 witbin 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 (2) feet minimum width planting strip. Plants and materials used in living barriers shall be at least thirty (30) inches high at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one year after planting. Any landscape barrier not containing live plants or trees shaII be a minimum of three (3) feet 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. (1) Whenever an off-street parking or vehicular use area abuts a public riglit-of- way, a perimeter landscape area of at least fifteen (13) feet 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 gill such landscaping, The ma_ximuin width for access -ways shall be; 7.10 fifty (50) feet for non-residential two tvay movements; thirty (30) feet for residential two way movements; twenty (20) feet for non-residential one way movements; and fifteen (15) feet for residential one way movements. (2) Whenever an off-street parking or vehicular use area abuts an adjacent property line a perimeter landscape area of at least ten (10) feet 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 property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedgm. e, or bernota enter than eight (8) feet in height nor less than four (4) feet in height. (3) Perimeter Iandscape areas shall contain at Ieast one tree for each thirty (30) lineal feet or fraction thereof of perimeter area. 5. Landscaping Requirements for Nan-velmicular 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 sliall be used to cover all open ground within twenty (20) feet 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 oil each developed lot in accordance with the following standards: (1) In all 'residential zonina districts, a minimum of fifteen (15) percent of the landscaping shall be located in the required front yard. (2) In rill non-residential zoning districts, a minimum of fifteen (15) percent 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 Space Less than 30 30-49 Over 50 7.11 Tree Ratio Per Non - Vehicular Open Space 6 tree/2,500 sq, ft. 7 tree/3,000 sq. ft. 9 tree/4,000 sq. ft. SECTION 47 - OFF-STREET PARKING REQUIREMENTS 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 resident, 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 (8) feet by twenty-two (22) feet for each parallel parking space and nine (9) feet by eighteen (18) feet for each angular head -in parking space, and shall be designed in accordance with miiumtExn Town standards. 3. All maneuvering for off-street parking shall be accomplished on private property, 4. Parking facilities that are within sixty (60) feet of a residentially zoned district shall be separated from said district by a decorative masonry wall at least eight (8) feet high or a combination of berm and fence at least eight (8) feet in height. 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: Uses 1. Residential Uses: Single-family dwellings, attached, detached, townhouse, duplex, HUD -Code manufactured home, industrialized housing No. of Parking Spaces 2 Required for Each Dwelling Unit Apartment, condominiums 2-1I2 Dwelling Unit triplex, fourplex 7.12 Uses 2. Institutional Uses: Church Public, community, health welfare center Institution; religious, charitable or philauu- thropic organization Place of public assembly Day camp, kindergarten, or day nursery Governmental office buildings, libraries, museums School, Elementary School, Junior I-figb School, Senior I -Egli School, Private Lodge or fraternal organizational building Eating or drinUng abl estishment, no service to auto No. of Parking Spaces Required for Each 1 4 seats in main sanctuary, or for each 28 square feet in the main sanctuary, or for each 200 square feet of building area, whichever is greatest 1 200 sq. f€. of gross floor area 1 200 sq. ft. of gross floor area 1 3 seats 1 5 pupils 1 200 sq. ft. of gross floor area 1 20 students (design capacity) 1 15 students (design capacity) l 3 students (design capacity) 1 10 students 1 200 sq. ft, of gross floor area 5 3. Office, Professional or Financial Uses: Bank or savings and 1 loan office 7.13 plus I for each 3 seats (design capacity) 300 sq. ft. of gross floor area No. of Parking Uses Spaces Required for Each 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. of gross floor area Dance, drama or 1 2 students (design music studio capacity) 4. Professional Service, Retail Uses: Personal service 5 plus 1 space for each 200 sq. ft. establishment of gross floor area Retail establishments 5 in buildings plus 1 space for each 200 sq, ft. of gross floor area Beautylbarber shop 1 50 sq. ft. of gross floor area Outside retail shop 1 600 sq. ft. gross floor area Coin-operated or 1 2 washing machine self -serve laundry or dry cleaning ' Drive-through eating 1 75 sq. ft. gross establishment floor area Drive-in eating 1 150 sq, ft. gross establislunent floor area Cafe, restaurant, 1 cafeteria 125 sq. ft. gross floor area 5. Recreation, Social and Entertainment Uses: Indoor commercial I Per 100 sq. ft. of enclosed amusements floor area Theater 1 4 seats Batting cage, L cage or tee driving range Golf Course 30 plus 3 spaces for each tee Exceptions, Groups of uses requiring vehicle parking space may join ill establishing group parking areas with capacity aggregating that required for each particular use. Where it rut 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. 7.14 SECTION 43 - 01T -STREET LOADING REQUIREMENTS In all zoning districts there sh:J1 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, arran;ed, intended or designed for such use shall be provided with off- street truck loading zones or docks at least twelve (12) feet wide, fourteen (14) feet high and thirty-five (35) feet long in accordance with the following table: Square Feet of Aggregate Required Number Gross Floor Area Of Spaces 0 to 40,000 1 40,001 to 100,000 100,001 to 160,000 3 160,001 to 240,000 4 24.0,001 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 [ruck loading zones or docks at least twelve (12) feet ~vide, fourteen (14) feet height and thirty-five (35) feet long in accordance with the following table: Square Feet of Aggregate Gross Floor Area 150,000 or less 150,001 to 400,001 to 660,001 to 970,001 to 1,300,001 to 1,630,001 to 1,960,001 to For 350,000 over 2,300,000 400,000 660,000 970,000 1,300,000 1,63 0,000 1,960,000 2,300,000 7.15 Required Number Of Berths 1 3 4 5 6 7 8 1 additional SECTION 49 - PARKING AND LOADING AREA DEVELOPMENT STANDARDS FOR NON-RESIDENTIAL DISTRICTS 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 (150) feet 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 (12) feet nor more than forty (40) feet 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 (150) feet 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 (20) feet. D. Relation to Residential Districts: No loading space shall be located closer than fifty (50) feet to any lot in any residenntiail district, unless wholly within a completely enclosed building or unless enclosed on all sides by a decorative masonry wall not less than eight (8) feet 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 footcandle at ground level, ;aid shall distribute not more than two-tenths of one (0.2) footcandle 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 nnay 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. 7.15 I. Driving Lane Widths: Driving lane widths in all private parking lots shall conform to the following standards: 0 decrees - 3 1 degrees ........................... 18 feet minimum 35 degrees - 90 degrees ......................... 25 feet minimum All turning radii ................................... 25 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 landmaping as set forth in the various sections of this ordinance. K Fractional Spaces: In determining the required number of parkin- 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. 7.17 ARTICLE VIII ADMINISTRATION AND ENFORCEMENT SECTION 50 - ADMINISTRATION AND ENFORCEMENT A Authorization: The Town Manager of the Town of Trophy Club shall designate the Planning and Zoning Administrator, The Town Planning and Zoning Administrator shall be authorized to carry out the duties of the office of Planting and Zoning Administrator under this ordinance and expend funds as shall be approved from tithe to time by the Town Council, B. Duties of the Planning and Zoning Administrator: In furtherance of this authority and in addition to the duties designated to hitn under this ordinance and other ordinances of the Town, the Planning and Zoning Administrator or his duly designated and authorized representative shall: 1. Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all Town ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other Town laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance. 2. Receive applications for Certificates of Occupancy and Compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; receive applications for Certificates of Use and Occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of Town ordinances pertaining to said applications; issue Certificates of Occupancy and Compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance. 3. Receive applications for variances pursuant to Section 54, Board of Adjustment. and for vested rights determinations pursuant to Section 56, Determination of Vested Rights. 4. Receive applications for conditional use pennits and for special use permits pursuant to Sections 41 and 42 of thus ordinance. a. Receive petitions for amendments to the test of the zoning ordinance and for the rezoning of property that is subject to this ordinance. 5. Provide such clerical and technical assistance to the Town Council, Planning and Zoning Commission, and Zoning Board of Adjustment as they may require in the performance of their duties under this ordinance. 8.1 7. Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified. 8. Conduct inspections of buildings, structures, signs and uses of any premises to determine compliance with the terms of any application, pertnit or certificates issued by his office. 9. Maintain permanent and current records of official actions on all building permits, certificates of inspection, conditional uses, special uses, variances, vested rights determinations, appeals and applications therefor and all- functions of the office of Planning and Zoning Administrator related to the administration of this ordinance. 10. Prepare and have available in book, pamphlet or map form, on or before March 1 of each year: a. The compiled text of the Zoting Ordinance and amendments thereto, including all amendments adopted through the preceding December 31; and b. A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31. 11. Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the Zoning Ordinance, and die rules of the Zoning Board of Adjustment and the Planning and Zoning Commission. A reasonable fee for tach copy sliall be charged to defray the cost of printing. C. Inspection and Right of Entry: The Planning and Zoning Administrator, or his duly authorized representatives, including, but not limited to, the Town Building Official, are hereby authorized to make inspections of all buildings, structures and premises Iocated within the Town to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the Planning and Zoning Administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the Town. Such inspections sliall be made between the hours of eight o'clock . (8:00) am. and eight o'clock (8:00) p.m. on any days except Sunday, subject to the following standards and conditions: 1. Such inspections ' may take place if a complaint respecting said premises has been received by the Planning and Zoning Administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the Town are being inspected in their entirety. 2. Such inspection shall be made by the PI. -inning aid Zoning Administrator or by any duly authorized representative upon his direction. 3. Any person making such inspection sliall furnish to the owner or occupant of the structure SOiigllt to be inspected sufficient identification and information to enable the owner or occupant to determine that lie is a representative of die Town and to determine the purpose of said inspection. 82 The Plannin„ and Zoning Administrator, or his duly authorized representative, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. 1]. Notice of Violation: Whenever the Planuning and Zoning Administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within tine Town, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall: 1. Be in writing and include a statement of any alleged violations. 2. Allow a reasonable time for tine correction of any violation or die performance of any other required act. 3. Be served upon the owner or his agent or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof (I) is served upon him personally, or (2) is sent by certified mail to his last known address; or (3) is posted in a conspicuous place in or about tine building, structure or premises affected by the action. When an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the Planning and Zoning Administrator exist, he shall cause to be issued to the owner of said property a Certificate of Inspection attesting to the fact. SECTION Sl - CERTIFICATE OF OCCUPANCY AND COMPLIANCE A- Issuance of Certificate of Occupancy: No existing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a certificate of occupancy and compliance shall have been issued by the Plannnting and Zoning Administrator stating that the building and proposed use of the building or Iand complies with all of the health Iaws, building code ordinances, ordinances relating to electrical and plumbing installations, with the provisions of this ordinance and all other applicable Town ordinances. Certificates of occupancy and compliance shall be applied (for) to coincide with the application after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the Planning and Zoning Administrator and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected. B. Pre-existing Structures: The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the Planning and Zoning Administrator. 83 C. Connection of Utilities: It shall be unlawful for any public utility, including [lie Town of Trophy Club, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the Planning and Zoning Administrator of lite Town. SECTION 52 - AMENDMENTS A Application for Zoning Changes: 1. Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the Town Planning and Zoning Commission requesting change in zoning, which application shall contain the following information: a. Legal description of the land on which a zoning change is requested, together with the local street address. b. Name and address of the owner of (lie property. C. Name and address of the person snaking the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the applications. d. District use under which the property is regulated at the time of making application and the district use requested by the applicant. e. Any other information concerning the property as may be reasonably requested by the Planning and Zoning Conunission. 2. Upon the filing of ail application for a change in zoning with the Planning and Zoning Commission, the applicant shall pay to the Town a fee as defined in the adopted schedule of fees of the Town, no part of which shall be returnable, regardless of the action taken on the request. 3. A waiting period of one year is hereby established between the date ail application for amendment to the zoning ordinance or a requested change in zoning is denied by the Town Council and a new application for such a change or anneudnient is accepted. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), oil all or any portion of the property previously considered for amendinent or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the Town Council or Planning and Zoning Commission, or any proposed amendment or change denied without prejudice by the Town Council. 4. The Town shall have at least one sign erected on any property upon which a zoning change requested has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed 8.4 immediately after final action by the Town Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number From which information relative to the rezoning request may be obtained. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such or signs by the Town. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the boldin; of any public Rearing. B. Changes and Amendments: Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the Town Council for a change or amendment to the provisions of the ordinance, or tIte Town Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. 2. The Town Council may from time to time amend, supplement, or change by ordinance the boundaries of the district or regulations herein. Before taking action on any proposed amendment, supplement, or change, the Town Council shall submit the sante to rite Town PIanning and Zoning Conunission for its recommendation and report. 3. If such proposed amendment, supplement or change has been denied by the Town Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the Town Secretary, duly signed and acknowledged by tate owners of twenty (2017a) percent or more, either of the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred (200) feet therefrom, such amendment shall not be come effective except by a three-fourtbs (31=4) vote of the members of the Town Council of the Town of Trophy CIub. SECTION 53 - PLANNING AND ZONING COMMISSION A. Composition: The Planning and Zoning Commission shall be composed of seven (7) members to be appointed by the Town Council. B. Terms of Office: Members of the Commission shall be appointed by the Town Council for a two year term but serve at the pleasure of subject to re -appointment by the Town Council, In the event that a vacancy occurs on the Planning and Zoning Couunission, the Town Council will appoint a new member to complete the unexpired term, A member of the Commission ceasing to reside in the Town or Trophy Club or filing for public office during his or her term of office shall immediately forfeit his or her office. C Quorum: Any four (4) members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the Planning and Zoning commission. 8.5 D. General Duties: The Platming and Zoning Commission shall, from time to time, either at its discretion or as requested by the Town Council submit its reports, plans and recommendations for the orderly growth, development and welfare of the Town in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927, being Articles 211.001 to 211.013 of the Texas Local Government Code. Such Commission shall also perform other duties as may be prescribed by ordinance or state law, or as follows: 1. To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the ordinances of the Town of Trophy Club, or the laws of the State of Texas; 2. To recommend approval or denial of zoning chances and regulations under this ordinance, the ordinances of the Town of Trophy Club or the laws of the State of Texas; and 3. To hear, recommend, or deterirtine any matter relating to zoning, pliraiing or subdivision control as may be specified or required tinder this ordinance, the ordinances of tiie Town of Trophy Club, or the laws of the State of Texas; and 4. To exercise such duties and powers as may be now or hereafter conferred by this ordinance, Elie ordinances of the Town of Trophy Club, or applicable laws of the State of Texas; and 5. To recommend to the Town Council amendments to the Town's Zoning Ordinances which it deems necessary to clarify the classification of any use, new or otherwise not listed or identified within this ordinance, for the purpose of establishing the appropriate zoning district into which such use should be placed; b. To interpret the intent of the official zoning map where uncertainty exists because the physical features on the ground vary from those on the official zoning map and none of the rules set forth in this ordinance apply; and 7. Upon request by the Planning and Zoning Administrator, to recommend to the Town Council amendments to the Town's Zoning Ordinances which it deems necessary to clarify the intent or meaning of any provision of this ordinance where uncertainty exists regarding the interpretation of such provision. E Citizen of Trophy Club: Each member of the Planning and Zoning Commission shall be a resident citizen of the Town of Trophy Club at the time of leis or her appointment. F. Removal: Any member of the Planning and Zoning Commission may be removed from office for any cause deemed by the Town Council to be sufficient for removal of said member. If a vacancy should exist inT the Planning and Zoning Commission membership due to removal from office, resignation, death, refusal or inability to serve, the Town Council shall appoint a new member to fill the vacancy. G. Attendance: Three consecutive absences that are not excused by the Commission, or the absence of a regular member from more than twenty-five percent of the posted meetings in any six month period, shall cause the Planning and Zoning Commission to review [lie attendance record of the member and make a recommendation to the Council on line appointment. IT Officers: The Town Council shall appoint a chairman and vice-chairman of the Planning and Zoning Commission to serve at the pleasure of the Town Council. The Chairman shall preside over all meetings of the Commission. The Vice-Chainnan shall perform the duties of the Chairman in his or her absence or inability to act. I. Meetings: All meetings to the Planning and Zoning Commission shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be filed in the office of the Planning Administrator and shall be a public record. The Planning Administrator of the Town of Trophy Club shall be the custodian and possessor of the records and minutes of the Planning and Zoning Commission. Meetings of the Planning and Zoning Commission may be held as often as necessary to conduct the business coming before the Commission and shall be held at the call of the Chairman and at such other times as the commission may determine. SECTION 54 - BOARD OF ADJUSTMENT A. Creating Zoning Board of Adjustment: There is hereby created a Zoning Board of Adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the Town Council for a term of two (3) years. B. Membership: In addition to the five (5) regular members of tine Zoning Board of Adjustment, four (4) alternate members of the Zoning Board of Adjustment, who shall serve in the absence of one or more regular members when requested to do so by the Mayor, shall be appointed by a majority of the 'Town Council, so that all cases lieard by the Zoning Board of Adjustment will always be heard by a unininnum of four (4) members. C. Term of Membership: Regular members and alternate members of the Zoning Board of Adjustment shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the Zoning Board of Adjustment may be removed from office for cause by the Town Council upon written charges and after a public hearing. D. Officers: The Zoning Board of Adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. E Rules Governing Zoning Board of Adjustment: The Zoning Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board. Any rule or rules shall be adopted by a resolution by the Board, entered upon the minutes of the Board and a copy thereof shall be filed with the Town Secretary of the Town of Trophy Club. F. Meetings: Mectings of this Board shall be held at the call of the chairman, and at such other tithes as the Board may detennine. Such chairman or, in his absence, the acting chairman, 8.7 shall administer oaths and compel attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in tate office of the Board and shall be a public record. G. Appeals to Zoning Board of Adjustment: Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, bureau or agency of the Town affected by any decision of the Building Inspector or other administrative officer of the Town relative to the Zoning Ordinance. Such appeal shall be taken within fifteen (13) days after the date of the decision of the Building Inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record from which the appeal was taken. 1. A filing fee of one hundred dollars ($100.00) to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the Zoning Board of Adjustment. 2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or a court of record on application on notice to the officer from whom the appeal is taken and on due rause shown. 3. The Zoning Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to die parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney. Fl. Authority of Zoning Board of Adjustment: The Zoning Board of Adjustment sliail have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the Town in the enforcement of this ordinance. 2. To bear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass under this ordinance, if any. 3. To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done. i -M 4. To permit in any district such modification of the requirements of the district regulations as the Board may deem necessary to secure in appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to die regulations of the district. I. Exercising of Powers: In exercising its powers, the Zoning Board of Adjustment may, in conformity with the provisions of this ordinance and the provisions of Articles 1011a to 1011j, Tex. Rev. Civ. Stat. Ann. (Vernon), as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 1. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of arty such administrative official, or to decide in favor of':the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation to this ordinance. 2. Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Board of Adjustment, or wiv taxpayer, or any officer, department, board or bureau of the Town may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Zoning Board of Adjustment. I Waiting Period: No appeal to the Zoning Board of Adjustment shall be allowed on the same piece of property or on the sarne or similar question prior to the expiration of one year from the date of a ruling of the Zoning Board of Adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year period, been altered or changed by a ruling of the Zoning Board of Adjustment, in which each such change of circumstances shall permit the allowance of an appeal. SECTION 55 - PUBLIC HE, A Requirements For Public Hearing: The Town Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change in zoning classification prior to making its recommendation and report to the Town Council. Written notice of all public hearings before the Town Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not Iess than ten (10) days before the date set for hearing, by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears oil the last approved Town tax roll. B. Notice of Public Hearing: A public hearing shall be held by the Town Council before adopting any proposed amendment, supplement, or change in zoning classification. At Ieast fifteen (15) days notice of the time and place of such hearing shall be publislied in the official newspaper of the Town of Trophy Club. Such hearing may be held jointly with the hearing before the Town Planning and Zoning Commission required pursuant to Section 42(A) of this Ordinance. C. Zoning Changes that do not Affect Specific Property: These changes are usually associated with textual chances. When any proposed amendment, supplement, or change of zoning map or text of this zoning ordinance does not affect the land use character or zonng classification of specific property, notice of public heating of the Planning and Zoning Commission shall be given by publication in a� newspaper of general circulation in the Town of Trophy Club without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than fifteen (15) days prior to the public hearing. D. Public Hearing Requirements For Vested Rights Determination: A public hearing shall be held by the Zoninc Board of Adjustment on an application for a vested rights determination. At least fifteen (15) days notice of die date, time and place of such Meaning shall be published in the official newspaper of the Town of Trophy Club and shall be sent to the applicant and all other persons who are owners of real property, as the ownership appears on the last Town tax roll, lying within two hundred (200) feet of the property which is the subject of the application. SECTION 56 - DETERMINATION OF VESTED RIGHTS A. Authorization of Special Exception: Upon application, the Zoning Board of Adjustment may authorize, as a special exception to the otherwise applicable provisions of this ordinance, the issuance of building permits for a specific proposed development that is not pennitted by the terms of the zoning ordinance whenever the Board finds that the applicant has demonstrated that he had a pre-existing, investment -backed, good faith expectation that be would be permitted to commence and complete a specific proposed development that he has vested under the standards set out in Paragraphs C, D, and E of this Section. B. Investment Backed Expectation; For the purpose of this Section, an "investment backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible chance of position that imposes on the applicant an obligation to expend substantiaI sums of money in the future. C. Considerations for Determination of Vested Rights: In considering whether a development expectation has vested, the Board shall consider: 1. "Whether there has been an act of the Town of Trophy Club or an officer or agency of the Town upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective zoning regulations with respect to the applicant's property. 2. The extent to which the applicant has, prior to the date of notice that rezoning is in progress, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvement, or for the design of specific buildings and improvements to be constructed on the site. 8.10 3. The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years. 4. Whether the applicant, prior to the date of notice that rezoning is in progress, has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof. 5. Whether the applicant, prior to the date of notice that rezoning is in progress, has incurred financial 'obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant will be unable to meet unless lie is permitted to proceed with the proposed development. 6. Whether enforcement of (lie terms of the currently effective zoning regulations will expose lite applicant to substantial monetary liability to third persons; or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. 7. Whether the right of the applicant to commence and complete the proposed development may have vested only with respect to an identifiable and discrete portion of the proposed development. a Right of the Applicant: The right of the applicant to cotntnence and complete construction of a specific proposed development, or a portion thereof, is vested if the applicant can demonstrate that: 1. The applicant owned the parcel proposed to be developed on the date of notice that rezoning was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted. 2. Applying [1te considerations set out in Paragraph C of this Section, the development expectations of the applicant were reasonable and final when formulated and investment backed. 3. Requiring that the applicant's property be developed in accordance with the currently effective zoning restrictions will, considering the investment of applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: (a) Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development; (b) Expenditures for taxes, except for any increases in tax expenditures which result from govermnental approvals or the construction of improvements on the property of the applicant; 8.11 (c) Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated. E Relationship of Property: The fact the property has been or is in a particular zoning classification under this ordinance, or any prior zoning ordinance of the Town, shall not, in itself, establish that an applicant's right to develop has vested. F. Filing of Application for Determination of Vested Rights: Any person, firm, or corporation having an ownership interest in property may file an application for a determination that the right to commence and complete a specific development on that property has vested. Such application shall be filed with the Zoning Board of Adjustment, shall contain a recital of the facts which are claimed to support the vested rights claim, and shall contain such other information as the Town Staff may specify. G. Records: A stenographic transcript of the public hearing and the deliberations of the Zoning Board of Adjustment on vested rights applications shall be kept. IT Written Findings: Within thirty (30) days after the public hearing on an application, the Zoning Board of Adjustment shall file its written findings of fact and conclusions and serve the same by certified mail on the applicant and each person who filed an appearance in die public hearing. I. Minimum Rate of Return: Any detenuination made by the Board with respect to the vesting of development rights shall be the minimum necessary to provide the applicant with a reasonable rate of return on his investment made before a notice of rezoning in progress with respect to his property. 3. Expiration Period: A determination of the Board with respect to vested rights under this Section shall expire and be of no further force or effect unless construction is actually commenced within one (1) year of the date the determination is made. K Time Limit: Any person, firm or corporation claiming a vested right to commence and complete a specific proposed development who does not file an application for a deterinination under this Section within six (6) months after the effective date of an amendatory ordinance rezoning his property so as to prohibit his proposed development shall be deemed to have waived his right to seek such a determination. 8.1? SECTION 57 - PENALTY Any person violating or failing to comply with any provisions 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 each day any violation or noncompliance occurs or continues shall constitute a separate offense. SECTION 58 - SEVERABILITY CLAUSE It is hereby declared to be Elle intention of the Town Council of the Town of Trophy Club that the sections, paragraphs, sentences, clause and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, illegal or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 59 - EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATED In any complaint and in any action or proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, provision or exception contained in this ordinance, and the burden of proof of any such exception, excuse, provision or exemption shall be upon the defendant. SECTION 60 - REPEAL OF CONFLICTING ORDINANCES That this ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Provided, however, that Ordinance No. 87-23 is hereby repealed in its entirety. 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