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ORD 2005-09TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-09 P&'Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY STRUCTURES", IN ITS ENTIRE,RY AND ADOPTING A NEW SECTION 35, ENTITLED "ACCESSORY STRUCTURES"; PROVIDING FOR THE INCORPORATION OF PREMISES; PRESCRIBING CRITERIA RESIDENTIALLY ZONED DISTRICTS; PROVIDING CRITERIA FOR NON-RESIDENTIAL ACCESSORY STRUCTURES; SETTING FORTH CRITERIA FOR PROHIBITED STRUCTURES; PROVIDING PROVISIONS FOR LOCATION; SETTING FORTH REQUIREMENTS FOR DETACHED GARAGES; PRESCRIBING PROVISIONS FOR DESIGN CRITERIA; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and WHEREAS, on March 21, 2000, the Town Council adopted Ordinance No. 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance, (hereinafter referred to as "CZO"), establishing zoning regulations for the Town; and WHEREAS, due to the evolving needs of the community specifically relating to accessory uses and structures, and advancements in the construction materials industry, Town staff has recommended an update to Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning Ordinance in order to provide additional uses, structures and materials for accessory buildings and structures within the Town; and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning Commission and the Town Council; and WHEREAS, after public notices were given in compliance with State Law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning & 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 NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following: A. All residentially zoned districts shall be subject to the following regulations. 1. Permitted Accessory Structures a. Accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. b. The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling, 1. Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45') from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town, unless otherwise provided by ordinance. 2. Cabana, pavilion, gazebo 3. Storage/utility buildings (masonry or wood) 4. Greenhouse (as hobby, not business) 5. Home workshop 6. Flag Pole less than twenty feet (20') 7. Tennis court 8. Basketball court 9. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. c. In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located a minimum of forty-five feet (45') from the front property line, a minimum of twenty feet (20') from any street right-of-way, a minimum of six feet (6') from rear and side lot lines. An accessory use shall not be located within any identified easement. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed 6 feet in height. B. Non -Residential Accessory Structures: All non -residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20') from any street right- of-way: 1. Permitted Accessory Structures and Uses in CG -Commercial District and in NS Neighborhood Service District: The following uses shall be permitted as accessory uses: a. Screened garbage storage on a concrete pad and no nearer than fifty feet (50') to a residentially zoned district and not located between the front of the building and any street right-of-way. b. 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, Tenipora y Uses. 2. Permitted Accessory Structures and Uses in CR -Commercial District: The following structures and uses shall be permitted as accessory structures and uses. a. Cabana, pavilion, gazebo or roofed area b. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. 3. Permitted Accessory Uses in GU -Governmental Use District and in PO - Professional Office District: The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use: a. All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable Zoning District. C. Prohibited Structures: The following structures shall be prohibited: 1. Treehouses 2. Metal, vinyl or similar material structures unless otherwise provided herein. 3. Temporary structures on skids D. Location: An accessory structure located within any zoning district, with exception of a flag pole shall not be located in any front yard, as defined by this ordinance, and shall be located at least ten feet (10') from any dwelling, or structure existing or under construction on the same lot or any adjacent lot. E. Garage Requirements: 1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. 2. A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided. 3. Any detached garage shall setback at least forty-five feet (45') from the front property line of a residential lot. 4. Corner lots may have detached garages facing a side street if they set back a minimum of thirty five feet (35') from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street. F. Design Criteria: All accessory structures shall conform to the following design criteria: 1. The exterior surfaces of all accessory structures shall be consistent with the regulations as specified by the applicable zoning district. However, accessory structures that are normally constructed in such a manner that masonry exterior surfaces are neither practical nor appropriate are excluded from the masonry requirements, including but not be limited to gym sets, playhouses, and greenhouses. 2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an aluminum material so long as that material resembles wood -like construction and such material has been approved by the Town's Planning and Zoning Coordinator. SECTION 3. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting accessory structure regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that propose the Ordinance shall remain in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Cougeil of the Town of Trophy Club, Texas, this 2nd day of May, 2005. ,/ Effective Date: May 7, 2005 ATTEST: Town of Trophy Club, Texas Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas