ORD 1986-24E P E A L E D
ORDINANCE NO. 86-24
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-24
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
PROVIDING REGULATIONS FOR A RESIDENTIAL -12,000
SQUARE FEET ZONING DISTRICT; PROVIDING USE,
HEIGHT, AREA AND BUILDING AND PARKING
REGULATIONS; PROVIDING FOR PLATTING; 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 1011f 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 the Town Council the adoption of certain zoning regulations: Pl„l
WHEREAS, after due deliberation and consideration h ��
submitted during the Public Hearings and the consideration of t 1 (�-
of the Planning and Zoning Commission, the Town Council has,
adoption of this ordinance establishing a Residential ---12,000 Sk
District is in the best interest and support of the health, safety J
of the citizens of the Town.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN Cl -.IE4
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town Council of the Town of Trophy Club hereby adopts
the Residential -12,000 Square Feet Zoning District regulations that are attached
hereto and made a part hereof and marked "Exhibit "A".
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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, parrs 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 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.
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TOWN OF TROPHY CLUB
RESIDENTIAL -TWELVE THOUSAND SQUARE FEET
ZONING DISTRICT REGULATIONS
1.1 PURPOSE - The purpose of the Residential -12,000 square feet Zoning
District ("11-12") is to allow single family, detached dwellings on lots of not
less than twelve thousand (12,000) square feet, together with the allowed
incidental and accessory uses.
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. Accessory buildings and uses, customarily incident to the
above uses and located on the same lot therewith.
"Accessory buildings and uses" shall mean a use or building
subordinate to and incidental to the primary use of the
premises. Accessory buildings must be properly designed,
constructed, and securely anchored. No temporary buildings,
mobile homes, travel trailers or motor homes may be used,
except as allowed in other ordinances of the Town;
b. Conditional Uses - The following conditional uses may be permitted
provided they meet the provisions of Section 1.8, and a conditional
use permit is issued:
1. Real estate sales offices, but only during the development of
residential subdivisions, provided that such use shall not be
permitted for more than three (3) years and such offices shall
only be located in a permanent residential structure.
C. Specific Use Permits ("SUP") - A Specific Use Permit is a change in
zoning classification. The following uses may be permitted as SUP's
and are regulated by the requirements contained in the SUP
ordinance:
1. Playgrounds and Community Parks
d. Prohibited Uses - Any use not expressly permitted herein is expressly
prohibited in this district. Garage sales are prohibited.
EXHIBIT "A"
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1.4 HEIGHT REGULATIONS - No building shall exceed 30 feet or two (2) stories
in height. The height shall be measured vertically at any point directly to the
natural grade existing prior to any site preparation, grading or filling. This
regulation shall not apply to chimneys.
1.5 AREA REGULATIONS - The following standards shall be measured from
property lines:
a. Minimum Yard Setbacks:
1. Front Yard - There shall be a front yard having a depth of
not less than 25 feet.
2. Side Yard -- There shall be a side yard on each side of the lot
having a width of not less than ten percent (10%) of the
average lot width or ten (10) feet, whichever is greater. A
side yard adjacent to a side street shall not be less than 20
feet.
3. Rear Yard - There shall be 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 twelve thousand (12,000) square feet.
2. Lot Width -- The average width of the lot shall not be less
than 90 feet measured at the front yard building line.
3. Lot Depth - The depth of the lot shall not be less than ten
(10) feet measured at the midpoint of the frontage. A corner
or cul-de-sac lot may have a depth of less than ten (10) 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
One story residence
One and one-half story or two
story residences
Minimim Floor Area
(in square feet)
Golf Course Lots All Other Lots
2,500
2,500*
Residences situated on corner lots
(without regard to number of stories) 2,500
2,000
2,000*
2,500
* All residences with more than one (1) story shall have a minimum
first floor area of 2,500 square feet.
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d. Lot Coverage - In no case shall more than thirty-five percent (35%)
of the total lot area be covered by the combined area of the main
buildings and accessory buildings.
1.0 BUILDING AND PARKING REGULATIONS
a. Type of Materials -- All main buildings and accessory buildings shall
have exterior construction 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 - No garage shall face any street
and all garages shall be a�iminimum of 21 feet by 22 feet. Driveways
must be large enough to accommodate at least two (2) automobiles
completely off of the street.
d. Backyard Requirements - No backyard shall face any street.
e. Screening Requirements - Exterior appliances and equipment shall be
screened so as not to be visible from any street.
1.7 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-12 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-12 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. $150.00 per plat plus $2.00 per lot when there are 20
lots or less; or
b. $200.00 per plat plus $2.00 per lot when there are 21
lots or more.
2. Plats that are platted by acres:
a. $150.00 per plat plus $10.00 per acre when there are
less than 3 acres; or
b. $200.00 per plat plus $20.00 per acre when there are
three acres or more.
3. For purposes of this section, the term "lot" shall mean any
tract of land which is less than one (1) acre.
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c.
e.
f.
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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;
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 974a, 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 Length - Block is the distance measured along back lot lines
between streets and is measured generally in a north -south or
east -west relationship.
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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.
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.
1.8 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-12
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-12
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 make 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:
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(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.
(ii) That the proposed use meets the intent of the
district in which it is located, and is in
accordance with the comprehensive plan.
(iii) 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.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this the 22 day of September /', 1986.
, Town of
ATTEST:
1.
Tdwn Secretary, Town of Trophy Club,
Texas
APPROVED AS TO FORM:
Town Ai ttorney, Town of Trophy Club,
Texas
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Club. Texas