ORD 1991-01BORDINANCE 91-01 B
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 91-OIB
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 91-01, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE OF THE
TOWN, BY ADDING A NEW SECTION 15U 11MH11 HUD -
CODE MANUFACTURED HOME AND INDUSTRIALIZED
HOUSING DISTRICT, REGULATING THE INSTALLATION
AND PLACEMENT OF HUD -CODE MANUFACTURED HOMES
AND INDUSTRIALIZED HOUSING WITHIN THE TOWN;
AMENDING SECTION 3 -ESTABLISHMENT OF DISTRICTS
TO PROVIDE A DESCRIPTION OF THE NEW DISTRICT
ADDED HEREBY; AMENDING SECTION 23 -ACCESSORY
BUILDINGS AND USES, SECTION 29 -CONDITIONAL
USES, SECTION 34 -OFF-STREET PARKING
REQUIREMENTS, AND SECTION SECTION 11-A R-15
SINGLE FAMILY DISTRICT REGULATIONS, TO ADD
REFERENCES TO THE NEW DISTRICT ADDED HEREBY,
AS APPROPRIATE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN
ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION AND A
SEPARATE VIOLATION SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; PROVIDING A SAVINGS CLAUSE AND
THAT ALL OTHER ORDINANCES IN CONFLICT HEREWITH
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas
(the "Town"), in accordance with a Comprehensive Plan, heretofore
adopted a Comprehensive Zoning Ordinance for the Town, the same
being Ordinance No. 91-01 of the Town (the "Comprehensive Zoning
Ordinance"); and
WHEREAS, the Town Council is, pursuant to Chapter 211, Tex.
Loc. Gov. Code (Vernon), as amended, authorized and empowered to
amend the Comprehensive Zoning Ordinance; and
WHEREAS, the Town Council has adopted and approved this
Ordinance amending the Comprehensive Zoning Ordinance taking into
consideration the character of each district and its peculiar
suitability for particular uses, with a view of conserving the
value of buildings and encouraging the most appropriate use of land
in the Town; and
WHEREAS, the Town Council hereby finds that the adoption of
this Ordinance promotes the health and general welfare of the
citizens of the Town; and
WHEREAS, after public notices were given in compliance with
State law and public hearings were conducted, and after considering
the information submitted at the said public and all other relevant
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information and materials, the Planning and 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
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission and the
information and other materials received at the public hearings,
the Town Council has concluded that the adoption of this Ordinance
is in the best interests of the Town of Trophy Club, Texas 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 Preamble,. That the above and
foregoing preamble is true and correct and is incorporated into the
body of this Ordinance as if copied herein in its entirety.
i
That Ordinance Na. 91-01 of the Comprehensive Zoning Ordinance.
Section 2. Amendments to
Town the same being the Town's
Comprehensive Zoning Ordinance, is hereby amended in the following
particulars, and that all other articles, chapters, sections,
subsections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified, verified, approved and affirmed:
A. That a new Section 15U "MH" HUD -Code Manufactured Home and
Industrialized Housing District relating to the placement and
installation of HUD -Code manufactured homes and industrialized
housing within the Town shall be added and shall read as follows:
"SECTION 15U - `MH' HUD -CODE MANUFACTURED HOME AND
INDUSTRIALIZED HOUSING DISTRICT
A. Purpose: The purpose of this district is to provide
adequate space and restrictions for the placement of HUD -
Code Manufactured Homes and Industrialized Housing in the
Town within designated subdivisions. (This does not
include mobile homes as defined in this Ordinance). The
"MH" District is also established to provide housing
densities compatible with existing and proposed
neighborhoods by providing alternative housing types both
in construction and economy within the "MH" District. No
HUD -Code Manufactured home or Industrialized housing
shall be allowed on any parcel or lot except on parcels
or lots within the "MH" District.
It is the intent of the "MH" HUD -Code Manufactured Home and
Industrialized Housing District to provide the maximum amount
of freedom possible in the design of such developments in
order to provide amenities normally associated with planned
residential areas.
B. HUD -Code Manufactured Home/Industrialized Housing
Subdivision: Land within the "MH" District will be
CW=
developed as a HUD -Code Manufactured Home or
Industrialized Housing subdivision. Lots within the MH
district will be sold to private individuals in strict
conformance with the terms and conditions under which the
subdivision was approved by the Planning and zoning
Commission. All roadways within a HUD -Code Manufactured
Home or Industrialized Housing subdivision shall be
dedicated to the public. Private interior drives must be
approved by the Town. Land zoned "MH" and which is not
developed as a HUD -Code Manufactured Home or
Industrialized Housing subdivision must be developed in
accordance with one of the permitted uses allowed in
Section C.1.c.,d.,e.,f.,g., or h.; and in such case
manufactured homes or industrialized housing will not be
permitted.
C. Uses Generally: In the "MH" HUD -Code Manufactured
Home or Industrialized Housing District no land shall be
used and no building shall be installed, erected or
converted to any use other than as hereinafter provided.
1.
Permitted Uses: The following uses shall be
permitted as principal uses:
a.
HUD -Code Manufactured homes
b.
Industrialized Housing
c.
R-15 Single Family (without
HUD -Code Manufactured or
Industrialized Housing)
d.
R--12 Single Family (without
HUD -Code Manufactured or
Industrialized Housing)
e.
R-10 Single Family (without
HUD -Code Manufactured or
Industrialized Housing)
f.
R-7.5 single Family (without
HUD -Code Manufactured or
Industrialized Housing)
g.
Parks, playgrounds, and nature
preserves, publicly owned
h.
Public utility uses required to service the district
(Property within the "MH" district which is developed as R-15,
R-12, R-10, or R-7.5 shall comply with the regulations as
provided in this zoning ordinance for those respective
districts.)
2. Accessory Uses: Accessory uses shall be
permitted within the "MH" HUD -Code
Manufactured Home and Industrialized Housing
District in accordance with the regulations
provided in section 23 of this ordinance.
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3. Conditional Uses: Conditional uses may be
permitted within the "MH" HUD -Code
Manufactured Home and Industrialized Housing
District in accordance with the regulations
provided in Section 29 of this ordinance.
4. Limitation of Uses:
a. Garage sales are prohibited.
b. Private or public alleys shall not be allowed.
C. Any use not expressly permitted or allowed by
permit herein is prohibited.
D. Site Plan Requirements: All properties within this
district shall be contiguous and shall be totally
developed under a unified site plan. No application for
a building permit for the construction of a building or
structure shall be approved unless a Site Plan has been
approved meeting the conditions as provided in Section
28-A.
E. Density Regulations: A maximum density within the
MH District shall not exceed one (1) dwelling per lot;
and shall not exceed five (5) units per acre.
F. Height Regulations: No building constructed in a
HUD --Code Manufactured Home or Industrial housing district
shall exceed twenty-five feet, or one (1) story in
height.
G. Area Regulations: The following minimum standards
shall be required, measured from property lines:
1. Lot Size: Lots for permitted uses shall have
a minimum area of seven thousand five hundred
(7,500) square feet of area.
2. Width of Lot (measured at front building line): 60 feet
3. Depth of Lot, feet (measured at mid -point of
the frontage): 100 feet
4. Depth of front yard; 25 feet
5. Depth of side yard, feet: Not less than
fifteen (15) feet to any one side and no
building shall be closer than fifteen (15)
feet to any adjacent dwelling.
6. Depth of rear yard: 25 feet (No rear yard
shall face any street; provided, however, that
this requirement shall not apply where the
rear yard of a lot abuts a street which is
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contiguous to the perimeter of the Town.)
H. Landscaping Requirements: Landscaping shall
be required in accordance with Section 33 of
this ordinance.
I. Underground Utilities: All utility lateral and service
lines located within the MH District shall be installed
underground in accordance with the requirements as
provided in the Town's Subdivision Regulations.
J. Open Space Area: Open space designated for the use
and enjoyment of all residents, shall be provided within
a HUD -Code Manufactured Home or Industrialized Housing
subdivision at the ratio of five hundred (500) square
feet for each of the first twenty (20) units, and two
hundred (200) square feet for each additional unit in
excess of twenty (20). Designated Open Space shall be
developed and maintained for recreational and leisure
activities and shall be located within the subdivision
being developed.
K. Development and Installation Standards:
a. HUD -Code manufactured homes and industrialized homes
shall have the axles, wheels, and tow bar or tongue
removed and shall be secured to a permanent foundation of
footing and piers, all in accordance with manufacturer's
specifications.
b. HUD -Code manufactured homes shall have a minimum of an
eighteen -inch crawl space under all homes.
C. A concrete, or asphalt surface with good drainage shall
cover the area where a home is to be sited.
d. It is recommended that each HUD -Code manufactured home
site have a slab or patio not less than twenty feet in
length and six feet in width, comprised of concrete,
flagstone, or similar substance installed adjacent to
each site.
e. HUD -Code manufactured homes shall have permanent steps
installed at all exits.
f. Skirting shall be securely attached between the HUD -Code
manufactured home and the ground on all sides within
thirty days of home installation. Skirting materials
shall consist of materials which are compatible with
design of the home and enhance its appearance; unpainted
or untreated corrugated metal, screen or wire, or lattice
type skirting is prohibited.
g. Construction, siting, and installation of the homes shall
be in conformance with applicable federal, state, and
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local codes and standards, and each HUD -Code manufactured
home shall have affixed a seal of the appropriate federal
or state department.
h. Sanitation, fire protection and underground utility
services shall be provided to each lot in accordance with
the Town and Municipal Utility District ordinances and
regulations.
i. Ingress and egress to the property shall be provided in
accordance with the requirements of the Town ordinance
standards and regulations.
j. Drainage and garbage collection right-of-way, fire lanes
and utility easements shall be provided as required by
the Town. Such can be accomplished by designating all
private interior drives within the project as easements
for vehicular access and service.
k. Soil conditions, ground water level, drainage, flooding,
and topography shall not create hazards to the developed
portion of the property or the health and safety of the
residents.
1, HUD -Code Manufactured Home or Industrialized Housing
subdivisions shall be developed at densities reasonably
comparable to adjacent residential uses or have adequate
landscape buffering or open space to provide transition
of uses. Adequate landscape buffering or open space for
transition purposes shall be determined on an individual
site basis and shall be subject to approval of the Town.
M. Any structural alteration or modification of a HUD -Code
Manufactured Home or Industrialized Home after it is
placed on the site must be approved by the Building
Official of the Town of Trophy Club. All structural
additions shall comply with the Town's Building Codes and
ordinances.
n. Site Built Additions: The addition of peaked roof
facades, atrium entrances, garages, porches and patios
are encouraged in order to increase the compatibility
with conventional single family housing in the Town.
o. A carport or garage shall be constructed on site. Said
garage or carport shall be of masonry construction and
shall have roofing material similar to that permitted in
the R-12 district. The rear of the carport and one side
perpendicular to the rear shall be enclosed. Sides
located adjacent to streets shall be enclosed.
L. Interior Drives:
1. The use of private interior drives must be approved by
the Town. Such interior drives shall have a minimum
am
easement width of fifty (50) feet and shall have a
minimum paved roadway width of twenty-eight (28) feet.
2. Public interior streets shall be located within dedicated
right-of-ways, and shall have a minimum paved roadway
width provided in accordance with the applicable
standards in the Trophy Club subdivision regulations and
design standards.
M. Paving:
1. All private interior drives, entrances, and service
drives shall be constructed in accordance with Town
design standards and shall have a six (6) inch raised
curb and gutter of concrete meeting the street standards
of the Town of Trophy Club. The developer shall bear the
total cost of construction and maintenance of all such
improvements, including curb and drainage structures that
may be needed.
2. All parking areas and public streets shall be paved of
concrete construction, as approved by the Town Engineer.
N. Parking Requirements: Parking requirements for the HUD
Code Manufactured Home and Industrialized Housing
District are specified in Section 34, Off Street Parking
Requirements.
O. Screening: A solid, opaque screening wall or fence of
not less than six (6) feet in height, measured at the
highest finished grade, shall be provided along all
perimeter property lines of a HUD -Code Manufactured Home
and Industrialized Housing subdivision, as indicated on
the Site Plan. Said screening wall or fence shall be of
a decorative masonry construction. This requirement can
be waived or modified if natural or man-made physical
features create an adequate separation or buffer from
adjacent uses, as determined by the Town. However, any
request to waive this requirement shall be presented as
an element of the site plan and shall be subject to
approval at that time only.
P. Preservation of Site Assets: When developing a HUD -Code
Manufactured Home or Industrialized Housing Subdivision,
the following steps shall be taken to preserve on site
assets.
a. Suitable available topsoil and desirable existing
trees, shrubs, and ground cover shall be preserved
and protected where practicable in accordance with
Section 32, Tree Preservation.
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b. Topsoil which is suitable and needed for later use
in finished grading shall be stripped from areas to
be occupied by structures, parking areas, streets
and driveways, and from areas to be regraded or
disturbed. This topsoil shall be collected and
stored on the site in convenient places for future
use and shall be free of debris during
construction.
Q. Water and Sewer: Each HUD -Code Manufactured Home or
Industrialized Home or space or lot shall be served by
water and sanitary sewer. Engineering plans for water
and sanitary sewer shall be submitted for review by the
Town, at the time of site plan approval.
R. Drainage: Engineering plans for drainage shall be
submitted for review by the Town at the time of site plan
approval. All applicable requirements of the Town shall be
complied with.
S. HUD Code Manufactured Home or Industrialized Housing
Sales: HUD Code Manufactured Home or Industrialized Housing
subdivisions shall be for residential purposes only. Sales of
these homes shall be limited to those which become available
on the market on an individual basis. Commercial sales and
promotion are not permitted.
B. That Section 3 -Establishment of Districts shall be
amended to add a description of the "MH" District, which
description shall be inserted immediately before the 11PD" Planned
Development District description, and which description shall read
as follows:
"SECTION 3 - ESTABLISHMENT OF DISTRICTS
The Town of Trophy Club is hereby divided into the
following zoning districts, which districts, where
applicable, are shown and described on the Zoning Map of
the Town of Trophy Club, which Map is incorporated herein
by this reference:
MH HUD -Code Manufactured Home and Industrialized Housing
District: A zone designed to provide adequate space and
restrictions for the placement of HUD -Code Manufactured
Homes and Industrialized Housing in the Town within
designated subdivisions. (This does not include mobile
homes as defined in this ordinance). The MH District is
also established to provide housing densities compatible
with existing and proposed neighborhoods by providing
alternative housing types both in construction and
economy within the MH District."
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C. That Section 11 Definitions shall be amended by adding a
new subsection 60 relating to a definition of carport (and by
renumbering subsection 60 "cabana" as subsection 59), by adding a
new subsection 1.95 relating to a definition of HUD -Code
Manufactured Home, by adding a new subsection 196 relating to a
definition of Industrialized Housing, and by amending subsection
250 relating to a definition of mobile home, so that the said
subsections shall hereafter read as follows:
"60. Carport means a permanent roofed structure
entirely open on at least two sides, designed or used to
shelter not more than two private passenger vehicles.
11195. HUD -Code Manufactured Home means a structure that
was constructed on or after June 15, 1976, according to
the rules of the United States Department of Housing and
Urban Development, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more
in width or 40 body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as
a dwelling with or without a permanent foundation when
connected to the required utilities, and including the
plumbing, heating, air-conditioning, and electrical
systems.
"196. Industrialized Housing means a residential
structure that is designed for the use and occupancy of
one or more families, that is constructed in one or more
modules or constructed using one or more modular
components built at a location other than the permanent
residential site, and that is designed to be used as a
permanent residential structure when the modules or
modular components are transported to the permanent
residential site and are erected or installed on a
permanent foundation system. The term includes the
plumbing, heating, air-conditioning, and electrical
systems. The term does not include any residential
structure that is in excess of three stories or 49 feet
in height as measured from the finished grade elevation
at the building entrance to the peak of the Woof. the
term shall not mean nor apply to (1) housing constructed
of sectional or panelized systems not utilizing modular
components; or (ii) any ready -built home which is
constructed so that the entire living area is contained
in a single unit or section at a temporary location for
the purpose of selling it and moving it to another
location."
11250. Mobile Home means a structure that was constructed
before June 15, 1976, transportable in one or more
sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length,
or, when erected on site, is 320 or more square feet, and
which is built on a permanent chassis and designed to be
cm
used as a dwelling with or without a permanent foundation
when connected to the required utilities, and including
the plumbing, heating, air-conditioning, and electrical
systems."
subsection 60 "cabana" of Section 11 -Definitions shall be
renumbered subsection 59.
D. That section 23 Accessory Uses shall be amended by
amending subsection A. by adding a reference to the MH HUD -Code
Manufactured Home and Industrialized Housing District so that it
shall hereafter read as follows:
"A. Residential Accessory Uses:
The following districts, R-15, R-12, R-10, R-7.5, R -
Sections 1 and 2, R -Section 3, R -Section 4, R -Section 5,
R -Section 6, R -Section 7, R -Section 8, R -Section 9, R -
Sections 10 and 11, R -Section 12, R -Section 13, R -Lake
Forest Village Phase I, R -Lake Forest Village Phase II,
R -Fairway Village, R -Twenty in Trophy, R -village West
Section A, R -Village West Section B, R -Oak Hill, R -Oak
Hill Patio, R -Summit, MH HUD -Code Manufactured Home and
Industrialized Housing and PD (when used as residential)
Districts shall be subject to the following regulations
for accessory use for residential purposes:
2. Regarding accessory uses and buildings located in R-
15, R-12, R-10, R-7.5, MH HUD -Code Manufactured Home and
industrialized Housing, and PD (when used as residential)
Districts, when any of the foregoing permitted
residential accessory uses are detached from the
principal single-family dwelling, said uses shall be
located not less than forty-five (45) feet from the front
lot line nor less than twenty (20) feet from any street
right-of-way, and six (6) feet from rear and side lot
lines, nor within any identified easement. In addition,
accessory buildings permitted in these districts shall
not exceed 15 feet in height.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *It
E. That Section 29 -Conditional Uses shall be amended by
amending subsection F. by adding a reference to the MH HUD -Code
Manufactured Home and industrialized Housing District so that the
said subsection shall hereafter read as follows:
"F. Residential Conditional Uses: The following
districts: R-15, R-12, R-10, R-7.5, R -Sections 1 and 2,
R -Section 3, R -Section 4, R -Section 5, R -Section 6, R -
Section 7, R -Section 8, R -Section 9, R -Sections 10 and
11, R -Section 12, R -Section 13, R -Lake Forest Village
Phase I, R -Lake Forest Village Phase II, R -Fairway
Village, R -Twenty in Trophy, R -village West Section A, R -
Village West Section B, R -Oak Hill, R -Oak Hill Patio, R -
Summit, MH HUD -Code Manufactured Home and Industrialized
Housing, and PD (when used as residential) Districts
shall be subject to the following regulations for
accessory use for residential conditional use purposes:
* * * * * * * * * * * * * * * * * * * * * * * * * * * *11
F. That Section 34 -Off -Street Parking Requirements shall be
amended by amending subsections C. and E. by adding a reference to
the MH HUD -Code Manufactured Home and Industrialized Housing
District so that the said subsections shall hereafter read as
follows:
"C. Number of Parking Spaces Required: The minimum
number of off-street parking spaces required shall be as
follows:
No. of
Parking
Uses Spaces _ Required for Each
1. Residential
Uses:
Single-family 2 Dwelling Unit
dwellings; attached
detached, townhouse,
duplex, HUD -Code
manufactured home,
industrialized
housing
E. Garages: Garages, with the exception of detached
garages which are regulated as an accessory use in
Section 23, will be restricted as to the direction in
which a garage may face in accordance with the following
table:
District Restrictions Pertaining to Direction In Which a
Garage May Not Pace
Zoning District Direction In Which a Garage. May Not Face
Any GoLf Trophy Indian T.W. King Trophy Village
Street Course Club Dr. Creek Dr. Dr. Lake Dr. Trail Dr. S.H. 114
MH X X - - - - - a
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G. That Section 11-A, R-15 Single Family District Regulations
is hereby amended by amending subsection H. to add a reference to
the MH HUD -Code Manufactured Home and Industrialized Housing
District, so that the said subsection shall hereafter read as
follows;
"H. Buffered Area Regulations; Whenever an R-15 Single
Family development is located adjacent to an existing MH
HUD -Code Manufactured Home and Industrialized Housing
District, multi -family development or a non-residential
district, without any division such as a dedicated public
street, park or permanent open space, all principal
buildings or structures shall be set back a minimum of
twenty-five (25) feet from the adjoining property line.
The setback area shall contain landscape improvements,
fencing, berms or trees to adequately buffer adjoining
uses."
Section 3. Asterisks. Where an asterisk (*) appears in this
ordinance, unless the context indicates otherwise, the same
represents text of the Comprehensive Zoning Ordinance which is not
amended by this Ordinance and which is in all things ratified,
verified, approved and affirmed.
section 4. Savings. That this Ordinance shall be cumulative
of all other ordinances of the Town affecting zoning and shall not
repeal any of the provisions of those ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this Ordinance.
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 of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more
than Two Thousand Dollars ($2,000.00), and a separate offense shall
be deemed committed upon each day during or on which a violation
occurs or continues.
Section 6. Severability. That 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. That this Ordinance shall become effective from
and after its date of adoption as required by law.
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PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the 5th day of August , 1992.
ATTEST:
Town Secreta ,
Town of Trophy Club, Zas
[SEAL]
APPROVED AS TO FORM:
Tow Attorney,
Town of Trophy Club, Texas
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, Town of Trophy Club, Texas