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ORD 2006-46TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-46 P&Z 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 5.031 "ACCESSORY STRUCTURES", PARAGRAPH (A)(1)(a), AND BY ADDING A NEW SECTION "G", "PUBLIC VIEWS", IN ORDER TO PROVIDE ADDITIONAL SCREENING REQUIREMENTS FOR SPECIFIED ACCESSORY STRUCTURES ABUTTING AND VIEWABLE FROM PUBLIC AND PRIVATE PARKS OR GOLF COURSES; PROVIDING FOR INCORPORATION OF PREMISES; 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 implementing additional zoning regulations for specified accessory structures abutting and viewable from public and private parks or golf courses would be a benefit to the Town by promoting an aesthetically refined community for the citizens of Trophy Club and by protecting the integrity and character of neighborhoods; 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 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. 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 (A)(1)(a); and to add a new Sections "G" to read as follows: "Section 5.03 Accessory Structures and Uses 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. Except as otherwise provided herein, and excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Storage/utility buildings, regardless of size shall require a permit on all lots abutting public and private parks or the golf course. 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, i. 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 (46) 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 x. 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: i. Behind the front building setback; and 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. In addition, accessory structures permitted in these districts shall not exceed one story in height, except for storage/utility structures which shall not exceed 8 feet in height. e. Height Requirements/Screening 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 by the use of live screening as required by 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. 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 5.01, Temporary 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: Treehouses 2. Metal, vinyl or similar material structures unless otherwise provided herein. 3. Temporary structures on skids D. Location: An accessory structure, with the exception of a flag pole and signs, shall not be located in any front yard, as defined by this Article, and shall be located at least ten (10) feet from any dwelling, building or structure existing or under construction on the same lot or any adjacent lot, except swimming pools, which may be located nearer than the ten (10) feet from any dwelling existing as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. Notwithstanding the foregoing, accessory structures are only allowed if they comply with zoning regulations in the district which they are located. 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. G. Public Views: 1. Except as provided in Section F(1) above all storage/utility buildings and greenhouses a. Live Screening i. Live screening as specified in this Section shall be required. Live screening shall at no time exceed the maximum height allowed for a fence in that zoning district. b. Masonry Requirements SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Accessory Structures 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 unconstitutional 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 20th day of November, 2006. Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas Op [SEAL] C APPROVED AS TO FORM: RY �� CL Town Attorney Town of Trophy Club, Texas