ORD 2006-34TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-34
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB, TEXAS, BY REVISING CHAPTER 13,
"ZONING", ARTICLE V, "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 5.03, "ACCESSORY
STRUCTURES", PARAGRAPHS (1)(a); (1)(b)(ix), (1)(e)(i) AND
1(e)(iii) IN ORDER TO ADD PROVISIONS ALLOWING HARD
TOP POOL COVERS AND PROVIDING SCREENING
REQUIREMENTS; PROVIDING FOR INCORPORATION OF
PRtMISES; PROVIDING AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; 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 FOR
PUBLICATION; 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 the
Texas Local Government Code; and
WHEREAS, the Town Council has determined that zoning regulations for
hard top pool covers would be a benefit to the residents of the Town;
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 and Zoning Commission of the Town has recommended
to the Town Council the approval of the proposed amendments to the Zoning
Chapter of the Code of Ordinances, as set forth in this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of
the Town of Trophy Club, Texas at properly posted public hearings, the Town
Council now deems it necessary to adopt this Ordinance amending the Code of
Ordinances of the Town 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 PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article V entitled, "Supplementary District Regulations" of Chapter
13, entitled "Zoning" of the Code of Ordinances of the Town of Trophy Club,
Texas, is hereby amended to revise Section 5.03 entitled Accessory Structures
(1)(a); (1)(b)(ix) and to add sections (1)(e)(i) and (1)(e)(iii) to read as follows:
"5.03 Accessory Structures. 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:
All residentially zoned districts shall be subject to the following regulations.
1. Permitted Accessory Structures
a. Excluding pools and covers, 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,
L 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.
ii. Cabana, pavilion, gazebo
iii. Storage/utility buildings (masonry or wood)
iv. Greenhouse (as hobby, not business)
v. Home workshop
vi. Flag Pole less than twenty feet (20')
vii. Tennis court/ Basketball court
viii. Guest House
ix. Swimming Pool/Hard Top Pool Cover
c. In all residentially zoned districts, when any
residential accessory uses are detached from
dwelling, such accessory uses shall be located:
Behind the front building setback; and
of the foregoing permitted
the principal single-family
ii. A minimum of twenty feet (20') from any street right of way; and
iii. A minimum of six feet (6') from rear and side lot lines.
d. An accessory use shall not be located within any identified easement.
e. Height Requirements / Screening Requirements:
i. Hard top pool covers shall not exceed four feet (4') in height above the
outside perimeter of the pool.
ii. Accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not
exceed six feet (6') in height.
iii. Hard top pool covers located on lots abutting golf courses or public or
private parks shall be screened from public and private view bV the use
of live screening as required bV this section. Live screening shall reach
a minimum height of four feet (4') within one (1) year after the date of
initial planting; provided however, that such live screening shall at no
time exceed the height of an existing fence or six feet (6') in height,
whichever is less.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Hard Top Pool Covers and shall not repeal any of the provisions
of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether
such Ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
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
unconstituEional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town and by amending
the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
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 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 18`h day of September, 2006.
�� 4m
Mayor
Town of Trophy Club, Texas
ATTEST:
L/ J
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Town Secretary ,
Town of Trophy Club, Texas
[SEAL]
TROP
APPROVED AS TO FORM: %< 1
Town Attorney
Town of Trophy Club, Texas