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ORD 1987-12R E P S AL E D ORDINANCE NO. 87-12 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 87-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING REGULATIONS FOR A RESIDENTIAL -7,500 SQUARE FEET ZONING DISTRICT; PROVIDING USE, HEIGHT, AREA AND BUILDING AND PARKING REGULA- TIONS; PROVIDING FOR PLATTING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, the Town C ie "Town") is a duly incorporated municipalit ws of the State of Texas; and WHEREAS, pursuant to ar as Revised Civil Statutes, as amended, the ' regulations governing the use of property loca ,- wn; and WHEREAS, steps have >nd Zoning Commission and the Town Council and the Town; WHEREAS, after Public N ate law and Public Hearings were conductf recommended to the Town Councl' . aission has ions; and WHEREAS, after due deliberation ana cumsiulLL.I.A. :information submitted during the Public Hearings and the consideration of the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this ordinance establishing a Residential -7,500 Square Feet Zoning District is in the best interest and support of the health, safety morals and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club hereby adopts the Residential -7,500 Square Feet Zoning District regulations that are attached hereto and made a part hereof and marked "Exhibit "A". 0010) Section 2. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land., to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. Section 3. This ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Any person violating any of the provisions of this ordinance shall he deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 6. The fact that the present zoning ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final. passage, and it is accordingly so ordained. aoinj -2- TOWN OF TROPHY CLUB RESIDENTIAL -7,500 SQUARE FEET ZONING DISTRICT REGULATIONS 1.1 PURPOSE - The purpose of the Residential -7,500 square feet Zoning District ("R-7.5") is to allow single family, detached dwellings on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 1.2 APPLICATION - Lots in a subdivision legally approved and properly recorded in the Denton County Plat Records prior to the effective date of this ordinance, which do not meet the minimum lot size requirements set forth herein, shall not be considered to be in violation of said lot size requirements, and for purposes of this ordinance shall be deemed to conform to the minimum lot size required herein. 1.3 USE REGULATIONS a. Permitted Uses - A building or premise shall be used only for the following purposes: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. b. Accessory Uses - The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off --street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Storage buildings one hundred twenty (120) square feet or less and having no plumbing. 5. Signs subject to the provisions of the Town Sign Ordinance. 6. Customary home occupation. When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five (45) feet from the EXHIBIT "A" 1.4 1.5 1.6 front lot line, twenty (2Q) feet from and six (8) feet from rear and side lot any street right '°f-'^'aY, Accessory buildings shall not exceed 25 feet structure in floo be measured from height. The height of the ld the top of the slab or from its bottom c• Conditional Uses y be Provided the Th the provisions conditional uses ma Y meet use permit is issued: Pro ions of Section i.8, and a conditional 1• nurtgrafit community centers and swimming PpOls and tennis 2• Public and private count d. miniature golf courses. �' clubs and golf courses excluding Limitation of Uses I. Garage sales are prohibited. 2. Private or public alley s shall reguired rear yard. not be located in the 25 foot 3. prohibited,use not expressly Permitted or allowed by permit here PLAN RE UIREMENTS construction - No application meet' of a building or structure for a building permit for the the Tog req of the To shy be approved wn Council and recorded Town of Trophy Club unless a plat, the property is located. m the official 'has been approved by records of the County in which HEIGHT REGULATIONS - hei ht. No building shall exceed 25 feet or two g The height shall be measured verticall natural grade exist- (2) stories regulation shall not apply prior to any site re Yat any Point directly to the Pply to chimneys. P Paration, grading or filling. AREA REGULATIONS This Propertli*�y es The following standards shall be measured from a• Minimum. Yard Setbacks: 1 • Front Yard _ i not I—� h There shall be a front yard ham an 25 feet. g a depth of 2• Side Yard- � The side be less than 20 feet. be adjacent to a side street shall not to any adjacent dwelling building shall be closer than 15 feet 0ozDJ A_2 1.7 0010) 3. Rear Yard - There shall he a rear yard having a depth of not less than 25 feet. b. Size of Lot: 1. Lot Area - No building shall be constructed on any lot of less than 7,500 square feet. 2. Lot Width - The minimum width of the lot shall not be less than 60 feet measured at the front yard building line. 3. Lot Depth - The depth of the lot shall not be less than one hundred (100) feet measured at the midpoint of the frontage. A corner or cul-de-sac lot may have a depth of less than one hundred (100) feet provided that the minimum depth is not less than 90 feet. C. Minimum Dwelling; Size - No residential structure with a floor area of less than the applicable minimum number of square feet set forth below, exclusive of garages, breezeways and porches, shall be erected on any lot: Type of Structure Minimim Floor Area (in square feet) Golf Course Lots All Other Lots One story residence 10800 1,800* One and one-half story or two story residences 2,250* 1,800* Residences situated on corner lots 21250* 2,250* * All residences with more than one (1) story shall have a minimum first floor area of 1,800 square feet. d. Lot Coverage - In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings and structures. Swimming pools and spas shall not be included in determining lot coverage. BUILDING AND PARKING REGULATIONS a. Type of Materials - All main buildings and accessory buildings shall have exterior construction, exclusive of doors, windows or covered porches, of a minimum of 80% brick and/or stone. b. Parking Requirements - Each dwelling unit shall contain at least two (2) parking spaces in an enclosed parking garage. C. Garage and Driveway Requirements - Garages shall be a minimum of 21 feet by 22 feet. Driveways must be large enough to accommodate at least two (2) automobiles completely off of the street. A--3 d. Backyard Requirements - No backyard shall face any street in a residential development. e. Screening Requirements - Exterior appliances and equipment shall be screened so as not to he visible from any street. 1.8 PLATTING - No plat shall be approved by the Planning and Zoning Commission or Town Council until the conditions hereinafter required have been satisfied: a. Procedure - Before the owner may obtain a building permit in an R-7.5 Zoning District, the owner must have a preliminary and final plat approved by the Planning and Zoning Commission and Town Council in accordance with the R-7.5 regulations. b. Fees - A preliminary and final plat review fee shall be paid the town upon submission of preliminary and final plat in accordance with the following schedule: 1. Plats that are platted with lots: a. $300.00 per plat plus $5.00 per lot when there are 20 lots or less; or b. $400.00 per plat plus $5.00 per lot when there are 21 lots or more. 2. Plats that are platted by acres: a. $300.00 per plat plus $10.00 per acre when there are less than 3 acres; or r; b. $400.00 per plat plus $20.00 per acre when there are three acres or more. 3.,f - %Any expenses incurred by the Town directly related to review, whether preliminary or final, -engin andZor-sPeel icatio -shal-be-Paid-b the -developer. Further, / consideration of rezoning, preliminary or final platting, site plan review or filing of th • final plat with the County Clerk �n shall not be taken until pa t �ofsai�dexp�enses �isreceived by the Town Secretary. t 4. For purposes of this section, the term "lot" shall mean any tract of land which is less than one (1) acre. C. Plat Requirements - The preliminary and final plat, respectively, shall clearly indicate or include with the plat submission: 1. Any proposed public or private streets; 2. Lots; A-4 9 e. f. 9. OGIOJ 3. Areas proposed for dedication or reserved as parks, open space, parkways, playgrounds, utility and garbage easements, school sites, street widenings, or street changes; 4. An accurate survey of the boundaries of the site; 5. Topography of the site with contour intervals of not less than five feet, or spot grades where relief is limited; 6. Drainage designs prepared by a registered professional engineer, which designs shall denote the location of all existing identified flood limits in the subdivision. All engineering construction drawings shall comply with the storm drainage standards adopted by the Town; 7. Indication of each phase of development if separate phases are proposed; and 8. All requirements contained in Article 974x, Vernon's Texas Annotated Statutes, as amended. The Developer shall submit a preliminary plat to the Town Planning and Zoning Commission, along with a letter of transmittal requesting review of the preliminary plat and the required filing fees. Upon approval of the preliminary plat by the Town Planning and Zoning Commission, the developer shall submit a final plat, along with a letter of transmittal requesting review of the same and the required filing fees, for review by the Town Planning and Zoning Commission and Town Council. Street Design - All public streets shall be arranged in accordance with good planning criteria in order to provide safe and reasonable traffic circulation in the subdivision and access to abutting properties. Street Construction and Maintenance - All streets must be constructed and maintained in accordance with Town approved street construction and maintenance ordinances. Street Names - Streets shall be named continuously through the subdivision, with continuity from section to section. Block Len tg_h - Block is the distance measured along back lot lines between streets and is measured generally in a north -south or east -west relationship. 1. The maximum block length along creeks, drainage ways, major thoroughfares, pipeline easements, and other major physical barriers shall be 2,400 feet. 2. The maximum block length for a residential subdivision shall be 1,600 feet. A-5 h. Public Easements - All multi -use public utility and drainage easements shall have a minimum width of 10 feet. The size and location of drainage easements shall be in accordance with the design of a registered professional engineer. i. Engineering Plans - All engineering plans must be approved by the Town prior to approval of the final plat. Said plans must be certified by a registered professional engineer. j. Deed Restrictions and Covenants - All deed restrictions and covenants pertaining to all lots within the subdivision shall be submitted to the Town prior to approval of the final plat. 1.9 CONDITIONAL USE PERMITS. a. Purpose - The purpose of the regulations described by this section is to allow the compatible and orderly development, within the Town, of uses which may be suitable only in certain locations within the R-7.5 zoning district, if developed in a specific way or only for a limited period of time. 1. Permit Required: A conditional use permit is required for all conditional uses as set forth herein. At no time may a structure or property be adapted to a conditional use without first obtaining a conditional use permit. A permit may not be issued for any conditional uses not specified in the R-7.5 zoning district without first amending this ordinance to permit such conditional use. 2. Approval, Procedure, Responsibility, and Appeals: Conditional use permits shall be considered for approval as an amendment to this ordinance and shall be approved as provided by law of the State of Texas. 3. Application, Filing Procedures and Fees: The property owner or certified agent therefor shall maize application on a form prescribed by the Town and such application shall include and have attached thereto a site plan. Obtaining a conditional use permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances. 4. Requirements for Approval: (a) The Town Council may permit a conditional use after review and recommendation by the Planning and Zoning Commission subject to appropriate conditions and safeguards when the Council finds: (i) That the proposed use meets all the minimum standards established in this ordinance and other applicable ordinances. A-6 (ii) That the proposed use meets the intent of the district in which it is located, and is in accordance with the comprehensive plan. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to the neighboring property. 5. Conditions and Restrictions. In granting a conditional use, the Planning and Zoning Commission may recommend, and the Town Council may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out herein to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the Ordinance approving the conditional use permit. A-7 001.6] PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 8 day of J1111F , 1987. ATTEST:. )Qn-40Se'e��r To of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas 0030j -3-