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ORD 1991-01BORDINANCE 91-01 B TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 91-OIB AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN, BY ADDING A NEW SECTION 15U 11MH11 HUD - CODE MANUFACTURED HOME AND INDUSTRIALIZED HOUSING DISTRICT, REGULATING THE INSTALLATION AND PLACEMENT OF HUD -CODE MANUFACTURED HOMES AND INDUSTRIALIZED HOUSING WITHIN THE TOWN; AMENDING SECTION 3 -ESTABLISHMENT OF DISTRICTS TO PROVIDE A DESCRIPTION OF THE NEW DISTRICT ADDED HEREBY; AMENDING SECTION 23 -ACCESSORY BUILDINGS AND USES, SECTION 29 -CONDITIONAL USES, SECTION 34 -OFF-STREET PARKING REQUIREMENTS, AND SECTION SECTION 11-A R-15 SINGLE FAMILY DISTRICT REGULATIONS, TO ADD REFERENCES TO THE NEW DISTRICT ADDED HEREBY, AS APPROPRIATE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION AND A SEPARATE VIOLATION SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in accordance with a Comprehensive Plan, heretofore adopted a Comprehensive Zoning Ordinance for the Town, the same being Ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, the Town Council is, pursuant to Chapter 211, Tex. Loc. Gov. Code (Vernon), as amended, authorized and empowered to amend the Comprehensive Zoning Ordinance; and WHEREAS, the Town Council has adopted and approved this Ordinance amending the Comprehensive Zoning Ordinance taking into consideration the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance promotes the health and general welfare of the citizens of the Town; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public and all other relevant -1- information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Preamble,. That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. i That Ordinance Na. 91-01 of the Comprehensive Zoning Ordinance. Section 2. Amendments to Town the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and that all other articles, chapters, sections, subsections, paragraphs, sentences, phrases and words are not amended but are hereby ratified, verified, approved and affirmed: A. That a new Section 15U "MH" HUD -Code Manufactured Home and Industrialized Housing District relating to the placement and installation of HUD -Code manufactured homes and industrialized housing within the Town shall be added and shall read as follows: "SECTION 15U - `MH' 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 Manufactured Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in this Ordinance). The "MH" District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the "MH" District. No HUD -Code Manufactured home or Industrialized housing shall be allowed on any parcel or lot except on parcels or lots within the "MH" District. It is the intent of the "MH" HUD -Code Manufactured Home and Industrialized Housing District to provide the maximum amount of freedom possible in the design of such developments in order to provide amenities normally associated with planned residential areas. B. HUD -Code Manufactured Home/Industrialized Housing Subdivision: Land within the "MH" District will be CW= developed as a HUD -Code Manufactured Home or Industrialized Housing subdivision. Lots within the MH 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 "MH" and which is not developed as a HUD -Code Manufactured Home or Industrialized Housing subdivision must be developed in accordance with one of the permitted uses allowed in Section C.1.c.,d.,e.,f.,g., or h.; and in such case manufactured homes or industrialized housing will not be permitted. C. Uses Generally: In the "MH" HUD -Code Manufactured Home or Industrialized Housing District no land shall be used and no building shall be installed, erected or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principal uses: a. HUD -Code Manufactured homes b. Industrialized Housing c. R-15 Single Family (without HUD -Code Manufactured or Industrialized Housing) d. R--12 Single Family (without HUD -Code Manufactured or Industrialized Housing) e. R-10 Single Family (without HUD -Code Manufactured or Industrialized Housing) f. R-7.5 single Family (without HUD -Code Manufactured or Industrialized Housing) g. Parks, playgrounds, and nature preserves, publicly owned h. Public utility uses required to service the district (Property within the "MH" district which is developed as R-15, R-12, R-10, or R-7.5 shall comply with the regulations as provided in this zoning ordinance for those respective districts.) 2. Accessory Uses: Accessory uses shall be permitted within the "MH" HUD -Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in section 23 of this ordinance. -3- 3. Conditional Uses: Conditional uses may be permitted within the "MH" HUD -Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in Section 29 of this ordinance. 4. 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. Site Plan Requirements: All properties within 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 structure shall be approved unless a Site Plan has been approved meeting the conditions as provided in Section 28-A. E. Density Regulations: A maximum density within the MH District shall not exceed one (1) dwelling 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 feet, or one (1) story in height. G. Area Regulations: The following minimum standards shall be required, measured from property lines: 1. Lot Size: Lots for permitted uses shall have a minimum area of seven thousand five hundred (7,500) square feet of area. 2. Width of Lot (measured at front building line): 60 feet 3. Depth of Lot, feet (measured at mid -point of the frontage): 100 feet 4. Depth of front yard; 25 feet 5. Depth of side yard, feet: Not less than fifteen (15) feet to any one side and no building shall be closer than fifteen (15) feet to any adjacent dwelling. 6. Depth of rear yard: 25 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 -4- contiguous to the perimeter of the Town.) H. Landscaping Requirements: Landscaping shall be required in accordance with Section 33 of this ordinance. I. Underground Utilities: All utility lateral and service lines located within the MH District shall be installed underground in accordance with the requirements as provided in the Town's Subdivision Regulations. 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: a. 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 of footing and piers, all in accordance with manufacturer's specifications. b. HUD -Code manufactured homes shall have a minimum of an eighteen -inch crawl space under all homes. C. A concrete, or asphalt surface with good drainage shall cover the area where a home is to be sited. d. It is recommended that each HUD -Code manufactured 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 installed adjacent to each site. e. HUD -Code manufactured homes shall have permanent steps installed at all exits. f. Skirting shall be securely attached between the HUD -Code manufactured home and the 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. g. Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and -5- local codes and standards, and each HUD -Code manufactured home shall have affixed a seal of the appropriate federal or state department. h. 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. i. Ingress and egress to the property shall be provided in accordance with the requirements of the Town ordinance standards and regulations. j. Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the Town. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service. k. 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. 1, HUD -Code Manufactured Home or Industrialized Housing subdivisions shall be developed at densities reasonably 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. M. Any 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. n. 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. o. 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 am 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 the applicable standards in the Trophy Club subdivision regulations and design standards. 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 paved of concrete construction, as approved by the Town Engineer. N. Parking Requirements: Parking requirements for the HUD Code Manufactured Home and Industrialized Housing District are specified in Section 34, Off Street Parking Requirements. O. 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, 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 or buffer from adjacent uses, as determined by the Town. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only. P. 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. a. Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable in accordance with Section 32, Tree Preservation. -7- b. Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking 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. Q. Water and Sewer: Each HUD -Code Manufactured Home or Industrialized Home or 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. R. Drainage: Engineering plans 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. S. 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. B. That Section 3 -Establishment of Districts shall be amended to add a description of the "MH" District, which description shall be inserted immediately before the 11PD" Planned Development District description, and which description shall read as follows: "SECTION 3 - ESTABLISHMENT OF DISTRICTS The Town of Trophy Club is hereby divided into the following zoning districts, which districts, where applicable, are shown and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this reference: MH HUD -Code Manufactured Home and Industrialized Housing District: A zone designed to provide adequate space and restrictions for the placement of HUD -Code Manufactured Homes and Industrialized Housing in the Town within designated subdivisions. (This does not include mobile homes as defined in this ordinance). The MH District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH District." -8- C. That Section 11 Definitions shall be amended by adding a new subsection 60 relating to a definition of carport (and by renumbering subsection 60 "cabana" as subsection 59), by adding a new subsection 1.95 relating to a definition of HUD -Code Manufactured Home, by adding a new subsection 196 relating to a definition of Industrialized Housing, and by amending subsection 250 relating to a definition of mobile home, so that the said subsections shall hereafter read as follows: "60. Carport means a permanent roofed structure entirely open on at least two sides, designed or used to shelter not more than two private passenger vehicles. 11195. HUD -Code Manufactured Home means a structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 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. "196. Industrialized Housing means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the Woof. the term shall not mean nor apply to (1) housing constructed of sectional or panelized 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." 11250. Mobile Home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 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 cm 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." subsection 60 "cabana" of Section 11 -Definitions shall be renumbered subsection 59. D. That section 23 Accessory Uses shall be amended by amending subsection A. by adding a reference to the MH HUD -Code Manufactured Home and Industrialized Housing District so that it shall hereafter read as follows: "A. Residential Accessory Uses: The following districts, R-15, R-12, R-10, R-7.5, R - Sections 1 and 2, R -Section 3, R -Section 4, R -Section 5, R -Section 6, R -Section 7, R -Section 8, R -Section 9, R - Sections 10 and 11, R -Section 12, R -Section 13, R -Lake Forest Village Phase I, R -Lake Forest Village Phase II, R -Fairway Village, R -Twenty in Trophy, R -village West Section A, R -Village West Section B, R -Oak Hill, R -Oak Hill Patio, R -Summit, MH HUD -Code Manufactured Home and Industrialized Housing and PD (when used as residential) Districts shall be subject to the following regulations for accessory use for residential purposes: 2. Regarding accessory uses and buildings located in R- 15, R-12, R-10, R-7.5, MH HUD -Code Manufactured Home and industrialized Housing, and PD (when used as residential) Districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the front lot 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 easement. In addition, accessory buildings permitted in these districts shall not exceed 15 feet in height. * * * * * * * * * * * * * * * * * * * * * * * * * * * *It E. That Section 29 -Conditional Uses shall be amended by amending subsection F. by adding a reference to the MH HUD -Code Manufactured Home and industrialized Housing District so that the said subsection shall hereafter read as follows: "F. Residential Conditional Uses: The following districts: R-15, R-12, R-10, R-7.5, R -Sections 1 and 2, R -Section 3, R -Section 4, R -Section 5, R -Section 6, R - Section 7, R -Section 8, R -Section 9, R -Sections 10 and 11, R -Section 12, R -Section 13, R -Lake Forest Village Phase I, R -Lake Forest Village Phase II, R -Fairway Village, R -Twenty in Trophy, R -village West Section A, R - Village West Section B, R -Oak Hill, R -Oak Hill Patio, R - Summit, MH HUD -Code Manufactured Home and Industrialized Housing, and PD (when used as residential) Districts shall be subject to the following regulations for accessory use for residential conditional use purposes: * * * * * * * * * * * * * * * * * * * * * * * * * * * *11 F. That Section 34 -Off -Street Parking Requirements shall be amended by amending subsections C. and E. by adding a reference to the MH HUD -Code Manufactured Home and Industrialized Housing District so that the said subsections shall hereafter read as follows: "C. Number of Parking Spaces Required: The minimum number of off-street parking spaces required shall be as follows: No. of Parking Uses Spaces _ Required for Each 1. Residential Uses: Single-family 2 Dwelling Unit dwellings; attached detached, townhouse, duplex, HUD -Code manufactured home, industrialized housing E. Garages: Garages, with the exception of detached garages which are regulated as an accessory use in Section 23, will be restricted as to the direction in which a garage may face in accordance with the following table: District Restrictions Pertaining to Direction In Which a Garage May Not Pace Zoning District Direction In Which a Garage. May Not Face Any GoLf Trophy Indian T.W. King Trophy Village Street Course Club Dr. Creek Dr. Dr. Lake Dr. Trail Dr. S.H. 114 MH X X - - - - - a -11- G. That Section 11-A, R-15 Single Family District Regulations is hereby amended by amending subsection H. to add a reference to the MH HUD -Code Manufactured Home and Industrialized Housing District, so that the said subsection shall hereafter read as follows; "H. Buffered Area Regulations; Whenever an R-15 Single Family development is located adjacent to an existing MH 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." Section 3. Asterisks. Where an asterisk (*) appears in this ordinance, unless the context indicates otherwise, the same represents text of the Comprehensive Zoning Ordinance which is not amended by this Ordinance and which is in all things ratified, verified, approved and affirmed. section 4. Savings. That this Ordinance shall be cumulative of all other ordinances of the Town affecting zoning and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 5. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. Severability. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. section 7. That this Ordinance shall become effective from and after its date of adoption as required by law. -12- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 5th day of August , 1992. ATTEST: Town Secreta , Town of Trophy Club, Zas [SEAL] APPROVED AS TO FORM: Tow Attorney, Town of Trophy Club, Texas -13- , Town of Trophy Club, Texas