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ORD 1986-03R E P E A L E I ORDINANCE NO. 86-00 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. o 86-03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING REGULATIONS FOR A GOVERNMENTAL USE DISTRICT; PROVIDING FOR ACCESSORY AND CONDITIONAL USES; PROVIDING SCREENING REGULATIONS; PROVIDING FOR CONFORMITY TO THE SIGN ORDINANCE; PROVIDING FOR MINIMUM LOT SIZE AND YARD REQUIREMENTS; PROVIDING FOR MAXIMUM LOT COVERAGE BY BUILDINGS AND STRUCTURES; PROVIDING FOR A MAXIMUM HEIGHT FOR BUILDINGS AND STRUCTURES; ESTABLISHING OFF STREET PARKING AND LOADING REQUIREMENTS; PROVIDING FOR SITE PLAN REVIEW AND APPROVAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 Council of the Town of Trophy Club, Texas (the "Town") is a duly incorporated municipality operating pursuant to the general laws of the State of Texas; and WHEREAS, pursuant to articles 1011a through 1011e of the Texas Revised Civil Statutes, as amended, the Town Council is empowered to adopt regulations governing the use of property located within the corporate limits of the Town; and WHEREAS, steps have been taken by the Town Planning and Zoning Commission and the Town Council to adopt certain zoning regulations for the Town; and WHEREAS, after Public Notices were given in compliance with State law and Public Hearings were conducted, the Planning and Zoning Commission has recommended to Lite Town Council the adoption of certain zoning regulations; and WHEREAS, after due deliberation and consideration of the 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 Commercial. Planned Development District is in the best interest and support of the health, safety morals and welfare of the citizens of the Town. oaasj 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 Commercial Planned Development District Regulations that are attached hereto and made a part hereof and marked Exhibit "A". 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 be 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 S. 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. 0015] -2- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 3 day of February, 1985, APPROVED Texas APPROVED AS TO FORM AND LEGALITY Town IttoFney, Town of Trophy Club, Texas CIO 1.sj -3- � r Mayor, Town "ophy Club, Texas TOWN OF TROPHY CLUB GU GOVERNMENTAL USE DISTRICT 1.1 PURPOSE - The GU Governmental Use District is established to apply to those lands where national, state, or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan. 1.2 PERMITTED USES - Land, buildings and structures may be used only for the purposes specifically set forth in this section, as well as all other uses which are generally compatible with those uses specifically set forth herein and which are consistent with the purpose and intent of the GU District: a. Parks, playgrounds, and recreation areas. b. Government, administrative and judicial buildings. C. Public schools, hospitals and libraries. d. Other public facilities of a like nature. 1.3 ACCESSORY USES - The following uses shall be permitted as accessory uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: a. Uses and structures which are customarily accessory and are clearly incidental and subordinate to the permitted uses and structures. 1.4 SPECIFIC USE PERMITS. A Specific Use Permit ("SUP") is a change in zoning classification. The following uses may be permitted if an SUP is obtained. The uses are regulated by the requirements contained in the Specific Use Permit Ordinance. a. Governinent maintenance facilities b. Public utility facilities. e. Jails, detention facilities or work camps. d. Public incinerators. e. Sanitary landfills. 0015) EXHIBIT "A" 1.5 PROHIBITED USES - Any use not expressly permitted herein is expressly prohibited in this district. 1.6 SCREENING REGULATIONS - In order to conserve and protect the value of adjacent land and buildings, the following regulations are prescribed for the location, type and height of required screening elements: a. Fences, walls and dense landscaped hedges or plantings are permitted in any GU district as a screening- element; however, such screening elements shall conform to the restrictions set forth herein. b. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced by the non-residential use so as to obscure the view from the residential lot, use or district to the non-residential use to a height of eight feet. Where the district boundary dividing a residential dlstri;. t from a GU district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-ri sidential use, the said parking lot or parking area facing the residers= ial lot, use or district shall be suitably screened to a height of not less than 3 1/2 feet. C. Garbage, refuse and trash collection/storage area shall be fully enclosed by a suitably screened densely iandscaped hedge or planting, fence or wall of six feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of eight feet in height, and storage shall not be visible from public view. e. Screening, as herein referred, shall mean any of the following: 1. Any material constructed of masonary, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than 30% open; or Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition. f. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street, alley or driveway. anzsj _9— g. Landscaped earth berms may, when appropriate in scale, be used as a screening element in lieu of a fence, wall, hedge or other dense planting material. h. Fences, walls, hedges - Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed six feet in height, providing the following shall be observed: I. At intersections on a corner lot in the GU District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to naturally impede vision between a height of 2 1/2 and 10 feet above the center line grades of the intersection streets in the area bounded by the street lines of such corner lots and a line adjoining points along said street lines 50 feet from the point of the intersection. 2. Interior Lots - On an interior lot in the GU District nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. 1.7 PERMITTED SIGNS - Sighs shall be permitted in conformance with the Town Sign Ordinance. 1.8 MINIMUM LOT SIZE District shall REQUIREMENTS . Minimum lot size requirements for the "CPD" hall be square feet in area with a minimum width of feet and a minimum depth of feet. 1.9 MINIMUM YARD REQUIREMENTS - The minimum footage required for the front, side and rear yards £or the GU District shall be a foot front yard, afoot side yard unless the lot at issue is abutting a lot zoned or used for residential purposes and in such case there shall be a _ foot side yard, and a foot rear yard unless the lot at issue is abutting a lot zoned or used for residential purposes and in such case there shall be a _ foot rear yard. a. Amendment of minimum yard requirements - The minimum yard requirements prescribed herein may be amgnded or modified if the subject property is comprised of two or more contiguous lots. The minimum yard requirements will not apply to the interior lot lines of the contiguous property as long as the exterior lot lines comply with the minimum lot requirements. 1.1.0 MAXIMUM LOT COVERAGE BY BUILDINGS AND STRUCTURES - The maximum lot coverage of all buildings and structures (including permitted accessory- buildings) within the GU District shall be 60% of the lot. The maximum impervious area on any lot shall be 85% of the total lot area. 0015] -3- 1.11 MAXIMUM HEIGHT OF BUILDINGS AND STR height of building and structures permitted in the at the highest point of the building or structure. not contain more than two usable floors. UCTURES - The maximum GU District shall be 35 feet Building and structures shall 1.12 OFF-STREET PARKING REQUIREMENTS - Off-street parking requirements for uses permitted in the GU District shall conform to the restrictions set forth herein. a. Purpose and Inte,.nt - The purpose and intent of these regulations are to secure safety from fire, panic and other dangers, to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end in all GU Districts, there shall be provided at the time any use is established or expanded, or any building or structure is erected or structurally altered (except as otherwise provided elsewhere in this section), minimum off --street parking in conformance with the requirements established herein. b. Location of Parking Spaces - All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 800 feet from a governmental or other nonresidential building served. 1. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit. 2. No required off --street parking space shall be located within any public highway, street or alley right-of-way. C. Computation of Parkinff Space Sizes and Parkin' Areas - In computing the minimum size and area of parking spaces and parking areas, the following rules shall govern: 1. Parkin' Space Size - No parking space shall be less than 9 feet in width by 18 feet in length. Parking space sizes of 10 feet by 20 feet are, however, encouraged where parking turnover rates would be higher than for normal long term low turnover parking lots and areas. 0015) -4- 2. Parking Area Size - The minimum number of off-street parking spaces required shall be as follows: No. of Parking Required Uses Spaces for each Place of public assembly 1 3 seats Hospital, general acute care 2 each bed Hospital, chronic care 1 each bed Nursing, convalescent home each 5 beds, plus or institutional home for 1 each day staff elderly member Residence home for elderly 1 Dwelling unit Day camp, kindergarten, or day nursery 1 5 pupils Governmental office build- 1 200 sq. ft. of floor ings, libraries, museums area School, elementary 1 20 students School, junior high 1 15 students School, senior high 1 3 students School, private 1 10 students d. Drive Lanes - Drive lanes through a parking lot shall be of a minimum width of 24 feet for two-way traffic and a minimum width of 20 feet for one-way traffic. e. Type of Parking Surface Required -- The surface and construction of all parking lots shall be concrete. f. Parking for Disabled Persons - Parking for disabled persons shall be - required in conformance with the identification and dimension requirements set forth in the rules promulgated by the State Purchasing and General Services Commission. There shall be a minimum of two (2) parking spaces for disabled persons for each public entrance to any building constructed according to the standards established in this ordinance. Such parking spaces shall be placed in a location near the public entrance. g. Rules for the Computation of the Number of Parkin' Spaces - In computing the .number of parking spaces required, the followirig rules shall govern: 0015) -5- L "Floor Area" shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number. 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Town Planning and Zoning Commission and Town Council. 4. Whenever a building or use constructed or established after the effective date of this ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase of 10 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement of the new total. Whenever a building or use existing prior to the effective date of this ordinance is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 5. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 1..13 OFF --STREET LOADING REQUIREMENTS -- Off -Street loading requirements for uses permitted in the GU District shall conform to the restrictions set forth herein. a. Purpose - The purpose of these regulations are to secure safety from fire, panic and other dangers, to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end, in all GU districts where applicable, there shall be provided at the time any use is established or expanded, or any building or structure is erected or structurally altered (except as otherwise provided elsewhere in this section), minimum off-street loading in conformance with the requirements established herein. b. Location of Loading Spaces - Off-street loading spaces shall be provided and maintained for all retail, commercial and industrial uses and structures for receiving and loading merchandise, supplies and materials within a building or on the lot or tract adjacent thereto. Such spaces may be adjacent to a public alley or private service drive or may consist of a truck berth within a building or structure; however, no portion of the off-street loading space shall be located within or extend into any public street, highway or alley right-of-way. a015J C. Computation of Off -Street Loading Space Sizes - At least one-half of the required off-street loading spaces or truck berths shall have a minimum dimension of 10 feet by 50 feet each and the remaining required spaces or berths shall have a minimum dimension of 10 feet by 25 feet each - exclusive of turnaround and maneuvering space. d. Type of Parking Surface Required for Loading Spaces - All surface areas upon which vehicles and trucks are parked during unloading and loading operations shall be of a dust -free hard surface material. e. Rules for the Computation of Off -Street Loading Spaces - No building, structure or part thereof used for non-residential purposes in any GU District shall hereafter be enlarged or extended uuiless off-street loading space is provided in accordance with the provisions of this section. The minimum number of off-street loading spaces required shall be in conformance with the following schedule: Sq. Ft. of Floor Area Minimum Number of Off -Street In Building or Structure Loading Spaces or Berths Required 0 to 9,999 None 10,000 to 49,999 1 50,000 to 99,999 2 100,000 to 199,999 3 Each Additional 100,000 1 Additional 1.13 SITE PLAN REVIEW. a. Purpose - The purpose of the site plan is to ensure compliance with the zoning ordinance and to assist in the orderly and harmonious development of the Town, to protect and enhance the general welfare and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions or alteration thereto without proper attention to site planning. The purpose of the site place review is: 1. To ensure compliance with the zoning ordinance, while allowing for design Flexibility; 2. To assist in the orderly and harmonious development of the Town; 3. To protect adjacent uses from light, noise, smoke, odors, or other nuisances and obstructions to light, air, and visibility; 4. To provide protection from fire; 5. To avoid undue concentrations of population and overcrowding of land; and 6. To facilitate the adequate provision of transpartatiorn, water, sewage, drainage and other public requirements. ooisj -7- N b. Site Plan Requirements - Before the owner may obtain a building permit in a GU District, the owner must have a site plan reviewed and approved by the Town Planning and Zoning Commission and approved by the Town Council in accordance with the GLI Regulations. C. Contents - The site plan shall contain drawings to a scale to indicate as needed: 1. The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 100 feet; 2. Landscaping lighting and/or fencing and/or screening of yards and setback areas and proposed changes; 3. Design of ingress and egress; 4. Off-street parking and loading facilities; 5. Height of all structures; 6. Proposed uses; 7. The location and types of all signs, including lighting and heights; 8. Elevation drawings citing proposed exterior finish materials, street names or proposed streets; 9. Street names on proposed streets; 10. Such additional information and detail as the Town Planning and Zoning Commission and Town Council deem necessary; and 11. Water and sanitary sewer plan, grading plans and storm sewer or drainage plans shall be submitted with and be incorporated into the site plan. d. The Town Council, after review and recommendation by the Planning and Zoning Commission, may approve a site plan if the proposed development meets all the minimum standards established in this ordinance and other applicable ordinances, and if the Town Council finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the Town. e. Amendments to the Site Plan. An amendment to a site plan must follow the same procedures set out in this section, except the mayor may authorize minor changes in the site plan that do not: 00ISJ -g- 0015) 1. Alter the basic relationship of the proposed development to adjacent property. 2. Change the uses permitted. 3. Increase the maximum density, floor area ratio, or height. 4. Decrease the amount of required off-street parking. 5. Reduce the minimum yards required at the boundary of the site. M f