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ORD 1991-01G
ORDINANCE 91-01 G TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. ___gi_nin AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-01, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN, AS FOLLOWS: AMENDING AND ADDING NEW DEFINITIONS TO SECTION 111 DEFINITIONS; AMENDING SECTION 22 (SALE OF ALCOHOLIC BEVERAGES) BY REMOVING THE DEFINITIONS FROM THAT SECTION AND PLACING THE SAID DEFINITIONS IN SECTION 11 (DEFINITIONS); AMENDING SECTION 23 (ACCESSORY BUILDINGS AND USES) BY ADDING WORDING THAT THE SECTION APPLIES TO ACCESSORY STRUCTURES AND USES, BY AMENDING PARAGRAPHS A. (RESIDENTIAL ACCESSORY STRUCTURES AND USES), B. NON- RESIDENTIAL STRUCTURES AND USES), C. (PROHIBITED USES), AND D. (PERMIT REQUIREMENTS); AMENDING SECTION 26 (PROJECTIONS INTO REQUIRED YARDS) BY AMENDING PARAGRAPH E. (FENCE, WALL HEDGE, SHRUBBERY, ETC.); AMENDING SECTION 28-A (SITE PLAN REQUIREMENTS) BY COMBINING PARAGRAPHS B. (CHANGES TO THE SITE PLAN) AND C. (COUNCIL APPROVAL) WITHOUT SUBSTANTIVE CHANGE, AND BY AMENDING PARAGRAPH E (SITE PLAN CONTENTS); AMENDING SECTION 29 (CONDITIONAL USES) BY AMENDING PARAGRAPHS D. (APPLICATION FOR CONDITIONAL USE PERMIT), F. (RESIDENTIAL CONDITIONAL USES), G. (NON-RESIDENTIAL CONDITIONAL USES), H. (STANDARDS), AND L. (PERIOD OF VALIDITY); AMENDING SECTION 30 (SPECIAL USE PERMITS) BY DELETING MICROWAVE ANTENNAS AND RECEIVERS AND FLAGPOLES FROM AUTHORIZED SPECIAL USES, AND BY AMENDING PARAGRAPHS C. (CONTENTS OF APPLICATION) AND J. (PERIOD OF VALIDITY); AMENDING SECTION 31 (SCREENING AND FENCING) BY AMENDING PARAGRAPHS B. (SCREENING STANDARDS), C. (MAINTENANCE AND REPAIR OF NON -LIVING MATERIAL), D. (MAINTENANCE OF LIVING MATERIAL), AND E. (PERIMETER FENCING); AMENDING SECTION 32 (TREE PRESERVATION) BY DELETING IN ITS ENTIRETY PARAGRAPH B. (DEFINITIONS) AND ADDING THE SAME TO SECTION 10, AND BY AMENDING PARAGRAPHS G. (TREE REMOVAL), H. (REPLACEMENT) AND J. (EXCEPTIONS); AMENDING SECTION 33 (LANDSCAPING REGULATIONS) BY AMENDING PARAGRAPHS G (REQUIREMENTS FOR RESIDENTIAL DISTRICTS) AND H. (REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS); AMENDING SECTION 34 (OFF-STREET PARKING) BY DELETING IN IT ENTIRETY THE TABLE OF DISTRICT RESTRICTIONS RELATING TO THE DIRECTION IN WHICH A GARAGE MAY FACE, AND BY AMENDING PARAGRAPH A (MINIMUM OFF-STREET PARKING); AMENDING SECTION 36 (PARKING AND LOADING DEVELOPMENT STANDARDS FOR NON-RESIDENTIAL DISTRICTS) BY AMENDING PARAGRAPHS A (LOCATION OF PARKING FACILITIES), D. (RELATION TO RESIDENTIAL DISTRICTS), AND G. (LOCATION OF OFF-STREET LOADING FACILITIES); PROVIDING FOR REARRANGING AND RENUMBERING OF ARTICLES, SECTIONS, PARAGRAPHS, SENTENCES, PHRASES AND WORDS OF THE COMPREHENSIVE ZONING ORDINANCE, BUT WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER -1- 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, public notice of a meeting to consider changes to the Comprehensive Zoning Ordinance were given in compliance with State law and the said Ordinance, which notice provided for a hearing to be conducted on April 20, 1993, on which date the said public hearing was continued by both the Town Planning and Zoning Commission and Town Council to a date certain, the matter coming on for public hearing on August 17, 1993; and WHEREAS, after considering the information submitted at the said public hearing and all other relevant 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. Section 2. Amendments to Comprehensive Zoning Ordinance. That Ordinance No. 91-01 of the Town, the same being the Town's -2- 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 Section 11, Definitions (renumbered as Section 10), is hereby amended so that it shall hereafter read as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes. B. That Section 22, Sale of Alcoholic Beverages (renumbered as Section 34), shall be amended by amending the initial statement of paragraph A. (Definitions) so that it shall hereafter read as follows: "A. Definitions: For the purposes of this erdina e.. section, the following words and phrases shall have the meanings ascribed to them as follows: C. That Section 23, Accessory Buildings and Uses (renumbered as Section 35), shall be amended by amending the title thereof and paragraphs A. (Residential Accessory Uses), B. (Non -Residential Accessory Uses), C. (Prohibited Uses), and D. (Permit Requirements) so that they shall hereafter read as follows: "SECTION 35 - ACCESSORY BUILDINGS STRUCTURES AND USES An accessory bulidings. structure a7nd or uses shall comply in all respects with the requirements of this ordinance applicable to the main building, with the fene and in accordance with the following: A. Residential Accessory Structures and Uses: The following districts, R-8, R-91 R-141 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: 1. Permitted Accessory Structures and Uses: The following structures and uses shall be permitted as accessory uses 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 this these districts, provided that no such garage shall face a golf course, and Provided that Any detached garaga which faces a street be located not less thanforty-f ive (45) feet from the street...... right-of-wav line: and provided, however, that the requirement -3- that no such apply where street which the Town, ordinance. garage face any street shall not the rear yard of a lot abuts a is contiguous to the perimeter of unless otherwise provided by e. Gustemary Home occupation. M. F'laa Hole (not to exceed 20 feet) 2. Regarding aeoessery uses and buildings leeated In the following districts, R -B, R-91 R-10, R- 11, R-12, R-15, R -Fairway Village. R -Twenty In Trophy, R-Oak Hill, R -Oak Hill Patio. R- , ,,,.. MH HUDCode Manufactured and Home summit, ,.. Industrialized a D used - as residential) District when any 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 structures permitted in these districts shall not exceed one story in height. Aeeessery uses and buildings leeated in R S,eetions 1 ander , R Saeti en -3 , R-Se,etien4,R-- ■OWN Y I-- - - 70 7- =` H. 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 regulations. The following uses and structures shall be permitted as accessory -4- uses and structures, provided that the same 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 structures and uses shall be permitted as accessory structures and uses, provided that the same shall be located no 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- Parking ef autemebiles, pre;vlded that se a residentially sened —disweb, .--sh l be er wall at least eight (8) feet high er a eembinatien of beim and feree at ..least eight (8) feet in height. d=b• Aeeessery buildings 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. mac. Signs subject to the Town Sign Ordinance. 2. Permitted Accessory Structures and Uses in CR Commercial Recreation District: The following structures and uses shall be permitted as accessory structures and uses, pr-evided that neve shall be a seuree-ems ,,.ineeme-te the eivner b -.-a. Cabana, pavilion or roofed area e -b. Signs subject to the provisions of the Town; Sign Ordinance. d.c. Uses and structures which are customarily accessory and are clearly incidental to the permitted and conditional uses and structures. -5- C. Prohibited Uses: The following uses and structures are prohibited: 1. Treehouses. 2. Metal-- vinyl or similar material buildings. 3. Temporary buildings on skids. 4. Elevation, freestanding structures or la houses exceeding ei ht 8 feet in height." D. Permit Requirements: An Accessory Building or Structure Permit shall be obtained from the Town Planning and Zoning Administrator and the fee for the 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 or structure exceeds a total of eight u feet in height_ including struts and support poles,etc. 2. An accessory building or structure exceeds 100 square feet in area. D. That Section 26, Projections into Required Yards (renumbered as Section 38), shall be amended by amending paragraph E. (Any Fence, Wall, Hedge, Shrubbery, Etc.) so that it shall hereafter read as follows: "E. Any Fence, Wall, Hedge, Shrubbery, Etc. shall be no higher than a base line extending from a point two and one-half (2-1/2) feet above the front walk grade to a point four an one-half (4-1/2) 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 regulations with regard to fences, wall, hedges, shrubbery, etc. on the side street except that the 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 (5) feet into the required side yard setback MM area. See Appendix A Obstruction Zone and Sight Distance Zone Diagrams." E. That Section 28-A, Site Plan Requirements (renumbered as Section 41), shall be amended by combining paragraphs B. and C. (and deleting the title for paragraph C.), and by amending paragraph E. (Site Plan Contents) by amending subparagraph 2. and adding a new subparagraphs 7. and 8 (and renumbering the remaining subparagraphs accordingly) so that it shall hereafter read as follows: "E. Site Plan contents: The site plan shall contain the information listed below and any and all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning and Zoning Commission, the Town Council and the staff personnel required to enforce and interpret this Ordinance: 2. 13andseap Lghtinq and/or fencing and/or screening of yards and setback areas and proposed changes. 7. Landscape plan. 8. Tree Survey indicating location,, size and tvne of all existing trees. F. That Section 29, Conditional Uses (renumbered as Section 42), shall be amended by amending paragraphs D. (Application for Conditional Use Permit), F. (Residential Conditional Uses), G. (Non -Residential Conditional Uses), H. (Standards), and L. (Period of Validity) so that the said paragraphs shall hereafter read as follows: "D. Application for Conditional use Permit: An application for a conditional use permit 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 include the conditional use permit fee, a site plan in accordance with the Town's :...,bd __, s a zoning ordinance, and the following information, as well as such additional information as may be prescribed by rule of -7- the Town Planning and Zoning Administrater Commission: 7. An application for site plan approval, as required by the subdivis zoning ordinance; 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 community centers and swimming pools and tennis courts; b-. Publie —acid pL=Ivate eeiintry elubsand ge 161-r Real estate sales effiees, but enly during the development e f residential sub d-ivis iens, previded that sueh use shall net be permitted for ere than three ( 3) yearsand 9ueh-�a':ees Shall enly be leeated &" a permanent residential ...tr.....tur - e b. Tennis courts, private; Publie-er private seheel. C. Family home.T 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: 1. Permitted Conditional Uses In CG -Commercial General District and in NS -Neighborhood Services District: -8- 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. RGsrt-eun-ant---(pate) , ineluding—aisehe1je beverage sales. 9-1— . .. and drive threugh restaurants shall -nets ---allow b -:a. Caretaker or guard residence. 3. Permitted Conditional Uses in GU -Governmental Use District and in PO -Professional Of ice District: The following uses shall be permitted as conditional uses provided a Conditional Use Permit is issued: a. Governmental maintenance facilities; b. Public utility facilities;, H. Standards: An application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes: 7. That adequate 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 ; 9. That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature of s __;s;___t L. Period of Validity: He A conditional use permit shall Council. be valid fora epee period year f em the atethe en P - Y _�. F 3-� date en Leh- the -rFeini Geuneli grants the ;;clee MM eamplying withthe -nati ee and hearing reepairements €e tia! app3iee•tien f=er a eandite- : use per -fait. 11 G. That Section 30, Special Use Permits (renumbered as Section 43), is hereby amended by amending paragraphs B. (Authorized Special Uses) and D. (Contents of Application) so that they shall hereafter read as follows: 1'B. Authorized special Uses: The following uses may be established or constructed only upon the issuance of a special use permit in accordance with the provisions of this Section: 1. Radio, television, or microwave tower in any commercial district. 2. Public utility distribution facilities and equipment in any district. 3--. Merewe-- antennas -and receivers in any distriet. 4-:3. Privately owned and operated childrens' playgrounds in the term `playground' as defined in this Ordinance. �_ cxpeleer—. 11 1'D. Contents of Application: An application for a special use permit, 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 c__r_+^ry e4 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 Planning and Zoning commission: 6. An application for site plan approval, ae required bythesubdi-,o len ardinanee of the Te,wffi; 10J. Period of Validity: ire A conditional use permit shall be valid for a period as _.determined by the Council. lenger than-ene (I) year frenthe -date -ein whieh the Tewn--Ge hell grants the -eenditie se Is ebtained and the pp* i 111:M -1.0- H. That 31, Screening and Fencing (renumbered as Section 44), shall be amended by amending paragraphs B. (screening standards), C. (maintenance and repair of non -living material), D. (maintenance of living material), and E. (perimeter fencing) so that the said paragraphs shall hereafter read as follows: 11B. Screening Standards: The following screening standards shall be complied with: 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 person, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street-,-a14-ey 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. 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: 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 Marsha -1 of the Tewin of Zoning Administrator or his representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. -11- started; The Tewn Eeunell emeeeding may grant ene ene-add (1) year, n enal extens-lemet upen written,appileatieni eemplying the hearing feinitial Permit—. 11 with netlee applieat and enfer a eanrd-re—I use H. That 31, Screening and Fencing (renumbered as Section 44), shall be amended by amending paragraphs B. (screening standards), C. (maintenance and repair of non -living material), D. (maintenance of living material), and E. (perimeter fencing) so that the said paragraphs shall hereafter read as follows: 11B. Screening Standards: The following screening standards shall be complied with: 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 person, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street-,-a14-ey 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. 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: 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 Marsha -1 of the Tewin of Zoning Administrator or his representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. -11- 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 material or plants not a part of the screening or landscaping. D. Maintenance of living material: All required screening materials shall be maintained and repaired in a neat and orderly manner 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 material or plants not a part of the screening or landscaping. All plant material 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. F. Perimeter Fencing: A decorative masonry or ornamental wall or fence in aeeer-d-aneewith'this Tewn consisting of masonry_ posts with sealed Western Red Cedar Welco wooden insets or the ecruivalent thereof shall be constructed on property lying along the perimeter of the Town limits line of the Town in conjunction with the development of that property, unless etherwi:se appr-a-ved by the Planning and Zening Gelfffftiss±en. 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 limits 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 six +6+ eight 8 feet in height at the time any street improvements are constructed within the subdivision, or the commencement of construction, or the development of any kind upon the said tract of land." I. That Section 32, Tree Preservation (renumbered as Section 45) shall be amended by deleting paragraph B. (Definitions) in its entirety (and moving the definitions to Section 10 of the Comprehensive Zoning ordinance), relettering the remaining paragraphs accordingly, and by amending paragraphs G. (Tree Removal), H. (Replacement) and J. (Exceptions) so that the said -12- paragraphs to be amended shall hereafter read as follows: "G -.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: die. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to the issuance of a building permit. ff-.-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, may 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 minimum of 3 inches caliper and 7 feet in height when planted. �I. 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 remm ss .,r 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 -family use, disposal of such trees shall be at the option of the property owner. In addition, during the period of an emergency, such as a tornado, storm, flood or other act of God, the requirements of this ordinance may be waived as may be deemed necessary by the Town council. 11 -13- J. That Section 33, Landscaping Regulations (renumbered as Section 46) shall be amended by amending paragraphs G. (Requirements for Residential Districts) and H. (Requirements for Non -Residential Districts) so that the said paragraphs shall hereafter read as follows: "G. Requirements of Residential Districts: In addition to the above listed requirements, all areas within the Town which are zoned for residential use, by either "straight zoned" district or by Planned Developments, shall have the following requirements: 1. Each residential lot shall have a minimum of three trees located in the front yard prior to the issuance of a certificate of occupancy. H. Requirements for Non -Residential Districts and Uses: The following requirements shall be additional requirements for landscaping located in all districts not specifically zoned for residential use, by either "straight zoned" districts or by Planned Unit Developments. 4. Minimum Requirements f or Off -Street Parking and vehicular 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 t -e with the following criteria. Areas used for parking or vehicular storage which are under, on or within buildings er are exempt from these standards. 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 shall be a minimum of three (3) feet high at time of installation. Perimeter landscaping shall -14- be designed to screen off-street parking lots and other vehicular use areas from public right-of-ways and adjacent properties. (3) Perimeter landscape areas shall contain at least one tree for each fifty (59J} thirty ( 3 0 ) lineal feet or fraction thereof of perimeter area. 5. Landscaping Requirements for Non -vehicular 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: 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 Tree Ratio Per Non - Vehicular Open -Space Less than 30 -1G trees/2,500 sq. ft. 30-49 47 trees/3,000 sq, ft. Over 50 +9 trees/4,000 sq. ft." R. That Section 34, Off -Street Parking Requirements (renumbered as Section 47), shall be amended by deleting in its entirety the table of District Restrictions Pertaining to Direction in which a Garage May Not Face, and by amending paragraph A. (Minimum Off -Street Parking) so that it shall hereafter read as follows: "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: 4. Parking 5 that are within sixty (50) feet ofa residentially tiall toned district shall be separated from said district by a decorative masonry fence or wall at leasti"1 ht 8 feet high or a combination of berm and such fence or wall at least eight (8) feet in height." -15- L. That section 36, Parking and Loading Area Development Standards for Non -Residential Districts (renumbered as Section 49) is hereby amended by amending paragraphs A. (Location of Parking Facilities), D. (Relation to Residential Districts), and G. (Location of Off -Street Loading Facilities) so that the said paragraphs shall hereafter read as follows: "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, er-upen-a-let arr fez y "D. Relation to Residential Districts: No loading space shall be located closer than fifty (50) feet to any lot in any residential 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." "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, er en l • er- par -eel ef land abutting the strueture they are tended tee . 11 Section 3. Existing Day Nursery/Centers, Day Care,. Any day nursery, day center, day care (in a private home), day care center, family home or any comparable or similar facility, structure or use existing or in use as of the effective date of this Ordinance and which by the terms of the Comprehensive Zoning ordinance (as amended by this Ordinance) is in violation thereof on that date shall be brought into compliance with this Ordinance and the Comprehensive Zoning Ordinance within three (3) months after the effective date hereof. Section 4. Rearrangement and Renumberincr. There is hereby authorized the renumbering and/or rearrangement of the articles, sections, paragraphs, sentences, phrases and words of the Comprehensive Zoning Ordinance for the purpose of effecting the amendments to the said ordinance set forth herein; provided, however, that no such renumbering and/or rearrangement shall change the meaning or effect of any such part of the Comprehensive Zoning Ordinance. Such a renumbering and/or rearrangement is hereby deemed and found to be a non -substantive change to the Comprehensive Zoning Ordinance. Section 5. Asterisks. Where an asterisk (*) appears in this Ordinance, unless the context indicates otherwise, the same -16- 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 6. 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 7. 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 S. Effective Date. That this Ordinance shall, become effective from and after its date of adoption as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 17i -,h day of A„g„ Gj , 1993. ATTEST: A 10 - Town Seoratary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ZTowntorney, Town of Trophy Club, Texas -17- a or, Town of Troph Club, Texas Exhibit A ARTICLE H DEFINITIONS SECTION 9 - CATCHLINES. The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as 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 section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catclilines, are amended or reenacted. SECTION 10 - DEFINITIONS A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the Town Council or where the context of this ordinance 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. Intl)lesrof--aeeessory-buHdiii s include; but -asp notAimited-to-st-orabe-bui'ldiiie ; prrvsat�lannclry or-Uttiit�-burltlinos� cabanas; earports-or-garages; tool -house; }ath-or-green]rouse- s-hobby--riot-business} home-werksilop;-ehildmtii's-playliouses; -storage-house-o Barden-steelEer—exeludiit; metal-bui"n,-a • Hied-shell-not--be-en-skids-but-atfaelied-pennenend-y-to-the-ground: 2. Accessory Use shall mean a use subordinate to and incidental to the principal use. 3. Acreage, Gross shall mean the total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. 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 act acreage calculations. S. Airport shall mean a landing facility for aircraft approved by the United States Federal Aviation Agency. 6. Alcoholic Beverage shall mewl alcoliol, 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. 7. Alley shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. Animal Pound/Shelter Private A facility for the incarceration of small domestic animals for short j2eri�ime. 2.1 9 for sale. withi 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. 11. Apartment House shall mean any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities. 12. Area of lot shall mean the net area of the lot and shall not include portions of streets and alleys. 13; Art Studio An area for the collection disla distribution or instruction of objects of art. 14. Art Su l Store An establishment offering for sale those materials used b conventional artists for the re ara[ion of their art form. 15. Attached shall mean physical connection above top of the floor line of the first floor. 16. through 31. (Reserved for future use). 32. Basement shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. 33. Bake or retail confectionery. A sho offering For sale on remises those baked goods_ or candies made on premises or off premises. . 34. Bedroom shall mean a room in a dwelling other than a kitchen, dining room, living room, bathroom or closet. This definition shall include extra dining rooms, living rooms, all dens, studies, game rooms, sun rooms or similar extra rooms, all of which are capable of being used as a bedroom. 35. Blind Fence or Wall shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 36. Block shall mean 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 along a side of a street between the nearest two (2) streets which intersect said street on said side. 37. Breezeway shall mean a covered passage one story in height connecting a main structure and an accessory building. 38. Vew jldin, site exclusive of the rovements may he erected 39. Building shall mean a structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.. and--shall--not—be-of rnetal-eanstruetiom. 72 48. Cabana shall mean a secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 49. 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. 50. Cemetery or mausoleum An area or structure designed to contain the remains of humans for permanent interment. 51. Church shall mean a place of worship 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 examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including 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 fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. 54. 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 premises upon which 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. 56. Comprehensive Plan shall mean the Comprehensive Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 57. Condominium means the separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 59. Convalescent Home shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 59. Corner Lot shall mean a lot situated at the junction of two (2) or more streets. 60. Country Club shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 61. Convent Residence of nuns and other accessory activities which are associated therewi(li. 62. Crafts and Hobby Shops A retail establishment which displays andlor offers for sale objects or portions of objects relating to recreational activities. 63. Cul -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 turnaround as shown in the Town Subdivision Regulations. 73 58. Convalescent Home shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 59. Corner Lot shall mean a lot situated at the junction of two (2) or more streets, 64. Country Club shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 61; Covenant Residents of nuns and other accessory -activities which are associated therewith. 62. Crafts and Hobhv Shops A retail establishment which displays and/or offers for sale_ohjects nr.p-onions of objects relating to recreational activities. 63. Cul -De -Sac shall mean a short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vellicular turnaround as shown in the Town Subdivision Regulations. 64. Cultural Building.and Facilities A building or com lex of buildings that house cultural facilities owned andlor n crated by a governmental agent or private non- rofitl? nx- 65: C-ugom-ary-dome--®ceupaEion--shall-meatran-oecupation-custemari4-y-earned-on-in tlie-home-by-a-n3ember-of-the--oeeupanV-S-f-amity-without-strueMr"�teration-ef-tlre building-or--arr fits rooms -en ivithou"—te-i-stallation-of-maehinery-or--additional equipment -other than-ghat-Bust-omar- -to-normal household -operation provided-tkrat ne-perso�r-oEher-tb:►n-a-me�nber-of-the-Fatnil�-ar--the-c�tij=ner-or-user-ef-tlte-prirtei�i sit ble�acttil3�--d4��11€erg--shall-bc e�upla3°c�l-er-work -lir-er--at-such-home-eeeupaEion- :4 eustomary-home-oceupation sliall-not-include thc-physieal-or-inedical-tr-eatmen"f peens-or-animals;---barbershops-beauty+-shops, imee-studies, ear-pent--r-)t--shops; eleetneal-shops; plumber-shops;-r-adio-or-television-shops-auto-repairing-or-paintitr,-; furniture-rupair-or-sign-paintit -- 65. through 79. (Reserved for future use.) 9 Such facility shall be operated in a manner as reauired by Chanter 42 of the Human shall 93; Dai+-l�urseryhall mean -a -place tivliere-eltildretn are left for esre betivecn-the }nour9 ef�:8fl--a:m�nrl-�7:8Q-p;m: 2.4 82. Dedication shall mean the setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside shall constitute a transfer of ownership from the current owner to the Town of Trophy Club and shall be accomplished through platting the property or by a special instrument. 83. Depth of Front Yard shall mean the minimum distance from the front lot line to the front line of a building. 84. Depth of Rear Yard shall be defined as the mean horizontal distance between (lie rear line of a building other than an accessory building and the rear lot line. 85. Development shall mean the construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. "To develop" shall mean to create development. 86. Detached shall mean any structure that does not share a common wall or foundation with the pri Ranstructure. I�ai=inb uo ph}�sleal eafn3eetlOn-above tlYe (ap f�flor Ilne Of the -first floo".%ith-arty-ether-building-or-strueture: 87. District shall mean a section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 88. Drip Line A vertical line run through the outermost portion of the crown of a tree and extending to the glound. 89. Pry Cleaner A retail establishment where fabrics are cleaned with substantlall Don-aciueous organic solvents. 90. Duplex shall mean a detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 91. Dwelling shall mean an enclosed building or portion thereof having accommodations for only one family or occupied by one family. 92. 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 generally and/or to a private utility corporation. 108. Efficiency Apartment shall mean a dwelling unit in a multi -family structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred (600) square feet of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, balls, storage or utility space, and similar areas, shall not be considered habitable space. 109. Electrical Generating Station A_iacility 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 please or voltage prior to consumstion by dwelling and other structures. Ill. Electrical Transmission Line A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers. 2.5 112. 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 praetice the profession of engineering. 114. through 129 (Reserved for future use.) 131. -l3& ividuals living together as 1Catnily�ll--mems--an}number---ofndi �xi dual-s—li-min-g--Eag�l3er—as—a—single housekeeping unit interdependent-upoir-one-another. 132. Tire or Police Station A facility designed to provide public protection from the dangers of fire and crime. 133. First Floor shall mean die highest story of a building having its interior floor surface at ground level or not more than four (4) feet above ground level. Such ground level shall represent the average level along the side of the building having the lowest ground elevation, and shall be measured at a maximum of four (4) feet from the 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 shall be designated as half (112) floors. 134. Florist Shop A shot) offering flowers flower ar=in ements services and associated products for sale, 135. Four -Unit Apartment House shall mean a detached building containing four (4) single-family attached dwellings. 136. 4 -35 -.Front- s►rd-shall mean-¢ui-opeu noeeupictl-spree-on-a-lot feeing -a -street-and extending-aer�ss-tile-(rout-of-a-let-hetis=een-the-side-}yard-lines----�n-a-cuh�de-sae; as flier-teruris-elef�ied-in--Ehe�'n«<n=s�ubdivi�iarrr�les-tuiel-regulaEiens; dte-front-buildin= lirte-is-to-be-determined-by-est-ablisliinb a-tliirty-foo"etbael: from -the -k -ant -property pins -on -the -front proper-"Y--lot-lities—A-ehord-connecting these -two-( }-p©in[ 13�t11 be-the-€rent-brtilding-lirie.-ANLliere-a4x- int-property-line-bas-a-eurfed-seetion-and-a sirainit"eetian;-lite front building li-ne-sliall--be-deter3nined-by--establisliing-a--setbaek on-the-side-prepert-} lines; measure{i-tr-cli-stiuiee-not--being less--tlifln-that-provided-}iy tlie-speeific-distrieF--A-line-perpendieular-to--tlie-str3i-ght-section-will--be established at tli"r-opeHy-pili-�vliere-ilie-eurN-e+egiiis:—n,-point--wilt-be established-on-this-li-ne; behind-tbe-preperty-piii;-a-distanee-noNess-tliaii-that provided-for-a-frout-building-line by-the-apecifie-distriet—Tlie-buildi-ng line-swill--be--est-ablisled-by-eonneettug-i-hese 2.6 two--(2)Totnts—Tlie-4eriu"pr-opert -pints '-refers-ta the front corners-o�tbe-pr�perEy eflnttgueus-te-Elie-si-rt�e�RghE-of wA��s--s(�o�vn-on-the-subd�isi�trplat—l�r�vitled; however—that-iii-ne- inat ee-shall-Elie-#'rent--building---setbaelr-line-be-elaser-than permi tted-iu-atty-zoning-d is tri eHierein: 137. through 151. (Reserved for future use.) 152. Garage, Private, shall mean an accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building. A private garage shall be totally enclosed with the only exceptions being openings used for access or ventilation, shall be constructed of similar style and material as the main structure. -and -shall -be -measured a-B►inimugt-of-2-1-1-met-by-�?-feet-melte-garage hall -net -face -the golf-eourse�er-any sheet, unless-otherwise-pr,ov-ided-for-b"r-divance: 153. 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 occupant of the premises, located in front of or beside the living area, the access thereto being from the front property line. 15=1. Garage, Side or Rear Entry, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. 155. Gasoline Service Station shall mean a place or establishment where gasoline, oil, grease or motor vehicle accessories are sold, supplied or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles is conducted. 156. Gazebo shall mean 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, privatelv owned but open to the public for a feeand operated_ as_a_commercial venture, -1-58: Graphic Plau--shal.-meati�tzalriridieating-the-proposed-arees-ef-eommon-land usage-by-general;i-zed drawing-. 158. GroeSEL Store A retail establishment selling meats fruits, vegetables baker products, dairy items and similar products for human consunt tion for off- remises consurnntion onlv. 159. Guest House shall mean a secondary structure on a tot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 160. through 179, (Reserved for future use.) 179. Half Story shall mean a story under a gable, hip or gable roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story. 180. Hardware Store An establishment offering small band tools convenience items, and personal lsobbv materials for sale to 2.7 220. Laundry Mat 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 Iand having frontage on a public street or an approved open space having direct street access, and which is, or in the 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 Coverage shall mean the total area of a lot upon which is placed a building, buildings or other structures. 223. Lot Depth shall mean the length of a line connecting the midpoints of the front and rear lot Iines. 224. Lot, Double Frontage or Through shall mean any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty- five (45) degrees of being parallel to each other. 225. Lot Frontage shall mean tiie length of street frontage between property lines. 226, Lot, Irregular shall mean any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of wlriclt vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees. 227. Lot of Record shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the County where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the County where the Iot is located prior to the effective date of this ordinance. 228. Lot Width shall mean the average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 229. through 245. (Reserved for future use.) 246. Massage means any process consisting of kneading, rubbing, or otherwise manipulating the sldn of the body of a human being, either with tie 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 "massagc" 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, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises 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. This term shall not include, however, duly licensed beauty 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. 2.8 204. Kindergarten shall mean school for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum, 205. through 219. (Reserved for future use.) 220. Laundry Mat A retail establishment where fabrics are cleaned with a ueous or anis solvents in machines o erated 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 the 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 Flat which has been properly filed of record, as shown in the Town Subdivision Regulations. 222. Lot Coverage shall mean the total area of a lot upon which is placed a building, buildings or other structures. M. Lot Depth shall mean the length of a line connecting the midpoints of the front and rear lot lines. 224. Lot, Double Frontage or Through shall mean any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to cacti other or within forty- five (45) degrees of being parallel to each other. 225. Lot Frontage shall mean the length of street frontage between property lines. 226. Lot, Irregular shall mean any lot not having equal front and rear lot 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 more or less than ninety (90) degrees. 227. Lot of Record shall mean a lot which[ is part of a subdivision, the plat of which has been recorded in lite office of the county clerk of the County where the lot is located, or a parcel of land, 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 Width shall mean die average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 229. through 245. (Reserved for future use.) 246. Massae means any Rrocess consisting of kneadinc rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or of other 247. us but shall not include massage bv c opractors, and registered physical theranis onal nurses who treat only patients res who o erste only under such It siciai not include massages_ authorized by the fled by licensed barbers and beauticians. r me ins any _building, room, place or es �d hospital, where intuiipulated massage or the human bodv by uivone not a dulv 1 29 or e term than a 248. Mechanical Equipment shall mean any machinery designed or mmiufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room. 249. Minimum Square rootage of Dwelling Unit shall mean the minimum square footage 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 15, 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 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. 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 conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 252. Monaster Residence of monks or vriests and other accessory activities which are associated therewith. 253. Mortuary or Funeral Home An establishment serving the needs of the community by providing embalming and burial services in conformance with the State of Texas Statutes. 254. 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 organization occupying the premises upon which the transaction or part thereof takes place. 2.10 Ord. num. 91 B B1fi19Z 277. Nonconforming Use shall mean a building, structure or use of land lawfully occupied at the time of the effective date of Cis 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.) 295. Office,.,_business and professional Room or eroun of rooms for the nrovision of business. and. professional services, not including retail sales or production. 296. Office, Medical and Dental Room or group of rooms for the nrovision bf medical and dental health care services not to include other than ambulatory care, 297. Off -Street Parking shall mean concrete surface areas upon which 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 in can a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. 300. Outside Storage shall mean the storage of commodities, goods andlor refuse outside of an enclosed building. 301. through 316. (Reserved for future use.) 317. Park shall mean land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational andlor 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 establishment where mune is /paned on the securit of ersanal pronerty_pledged _in_ the _ keeping of the pawnbroker. 321. Perimeter Plan shall mean a map indicating (lie 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, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 3 Person-An)-eerpemtief--partner-ship; association-or-otlier-ar-ti-f-ieial-entity;--or-anis indi-vidua-,"rer-mt"gent-or-employee--of-the-foregoiirg. 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. 324. Pharmacv. Drug Store Apothecary An establishment offering over the counter and rescri tion drugs and allied products for retail sale. 2.11 355. 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 Iand uses, public land uses, and common open space and para: 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. 327. Plat shall mean a final plat that has been approved by the Town in accordance with the Town Subdivision Regulations and filed in the 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 in 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 building or structure, the use of which is a principal use. 331. Principal Use shall mean a use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 332. Private shall mean the exclusion of those who have not been invited. 333. Private Club shall mean a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, 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 mean promotion of a public cause or service, including utilities having a franchise from the Town of Trophy Club, but excluding other profit -malting 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. through 353. (Reserved for future use.) 354. Rear yard shall mean a space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. 355. Grounds 356. Rectory Residence of ministers or eriests and other accessory activities winch are associated therewith. 2.12 357, Religious Institution shall be held to include a church as defined herein. 358 Residential Density shall mean. the number of dwelling units per Bross acre 359. M Pereeut�f-total-sees: 361. Restaurant with alcoholic _.Leverage 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. 362. Retail Store shall mean a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, ballon or single articles as opposed to wholesale trade. 363. Retirement Home A develol2ment 12roviding dwelling units specifically designed for the needs of ambulatoEy elder persons, sj2ccificallv a household head of 60 years of ase or older. 364. Reverse Frontage Lots: a conger lot, the rear of which abuts the side of another lot. 365. through 378. (Reserved for future use.) 379. School, Denominational or Private A_ schoolunder the sponsorship of a private 380. 381. School, Public A school under the snonsorshin of a nublic aaencv nroviding or es tabl i 382. School, College / University An academic institution of higher learning, accredited 383. Screening Wall or Ferree 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 2.13 surface of such wall or fence, and which surface shall constitute a visual barrier. Any wall -er-fenee-eonstrueted-tc - mply- A-itli-any-ser-eenfn"r i -on -specified within -title erdirtanee-shelf-be-in-aeeardanee-with-the-presieu�3- s-o�eetiore-�ef thiser-dinanee-and-all-other-erAinanees-ef-the-Town, 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 lot with a building, situated between the building and the side line of the lot, and extending th ough from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front Iine shall be deemed a side line. 386. Single -Family Attached Dwelling shall mean a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 387. Single -Family Detached Dwelling shall mean an enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 388. Site PIan shall mean a map, drawing or chart showing the 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 which has been approved in accordance with the Town Subdivision Regulations. 389. S eeimen Tree A tree which has been determined bv the Town to be of hi -ah value because of its type, size or other f3rofessional criteria and which has been so designated a part of the official records of the Town. 390. Stable {private) a stable with a cavacitv for not more than four 4 horses mules or other domestic animals. 391. Stadium Anv athletic field or stadium operated for the Reneral ublic including a baseball field, or football field or stadium. 392. Storage shall mean a space or place for storing and 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 next above. 394. Street shall mean any 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 laird 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 land dedicated to the public and used or which may be used specifically as a thoroughfare. 2.14 397. 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 shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 399. Structure shall mean that which is built, erected or constructed, an edifice or building of any kind, or any piece of work built up or composed of 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 land 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 die regulations of the Town oC Trophy Club. 403.Swimming Pool commercial A swimming pool with accessory facilities not part of the municipal or private recreational system. and nota Erivate swim club but 404. through 423. (Reserved for future use.) 424. Temporary field or construction office A structure or shelter used in with_a.._de._.v..e.lopment or building project for housing on the site of 425. Town shall mean the Town of Trophy Club, Texas, 426. Town Engineer shall mean the duly authorized person in charge of engineering for the Town, or that person's designated representative. 427. Town Planner shall mean the duly authorized erson in charge of planning for the Town or thatperson's designated re resentative. 428. Townhouse/Townhome shall mean a single-family attached dwelling unit on a separately platted lot which is joined at another selling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 429. 430. Triplex shall mean a detached building containing three (3) single-family attached dwelling units. 431. through 444. (Reserved for future use.) 2.15 455. Use The purpose for which land or buildings are or mav be occupied in a zoning district. up 447. Adiustment. In serve to not limited 448. Wholesale Business shall mean a commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. 449 Widtlrof-Uot-shttiHnean Ehe dists��ee beH�=gen-Ehc side prepert�� lines -measured -at the�ui�diug-nearest-tbe •-iron t-prover-Ey-lute-at-the--frent-properE�-l-i-ne-measuriirg parallel to the-front-prt�pert3�line perpendiculru to �t line biaeeEi��o he turgie betitieen two (2) side lines; luehe+=er f le t: 959. Width of Lot shall mean the horizontal distance between the side lot lines of a lot 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 The front side and rear vard areas as required under the Com prehensive Zoning Ordinance and tine zoning district requirements applicable thereto. 453. 454. 455. 456. Yard, rear l� space unoccupied _.„ and unobstructed extending across the reired � rear of alot froryard n one is a open ide lot line tothe other le side side o€ line. Zoning District A classificationap2lied to an certain kind area within the Town stipulating the limitations and re uirements of land usage and develo ment. 457. Zoning Map The Official Zoningklap of the Town of Trophy Club together with all amendments thereto. 2.16 B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the Town Council of the Town of Trophy Club after receiving the recommendations and report of the Planning and Zoning Commission 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 die definitions of this section shall be held by the Planning and Zoning Commission after such notice of such bearing 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. 117