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ORD 1987-23TOWN OF TROPHY CLUB, TEXAS ZONING ORDINANCE ADOPTED SEPTEMBER 21ST, , .1,987 ORDINANCE NO.O 87-23 TABLE OF CONTENTS ZONING ORDINANCE TOWN OF TROPHY CLUB, TEXAS SECTION PAGE ARTICLE I. INTENT, PURPOSE AND METHODS 1. Preamble - Short Title 3 2. Purpose 3 3. Establishment of Districts 3 4. Official Zoning Map 4 5. Rules for Interpretation of District Boundaries 5 6. General Provisions 6 7. Newly Annexed Territory 7 8. Zoning Designation of Vacated Streets and Alleys 7 9. Water Areas 7 ARTICLE II. DEFINITIONS 10. Catchlines 7 11. Definitions 8 ARTICLE III. DISTRICT REGULATIONS 12, R-12 Single Family District Regulations 22 13. R-10 Single Family District Regulations 27 14. R-7.5 Single Family District Regulations 32 i. SECTION PAGE 15A. R-Sections 1 and 2 Single Family District 37 Regulations 15B. R-Section 3 Single Family District Regulations 41 15C. R-Section 4 Single Family District Regulations 45 15D. R-Section 5 Single Family District Regulations 49 15E. R-Section 6 Single Family District Regulations 53 15F. R-Section 7 Single Family District Regulations 57 15G, R-Section 8 Single Family District Regulations 61 15H. R-Section 9 Single Family District Regulations 65 15I. R-Sections 10 and 11 Single Family District 69 Regulations 15J. R-Section 12 Single Family District Regulations 73 15K. R-Section 13 Single Family District Regulations 77 15L. R-Lake Forest Village, Phase I Single Family 82 District Regulations 15M. R-Lake Forest Village, Phase Il Single Family 86 District Regulations 15N. R-Lake Forest Village, Phase III Single Family 90 District Regulations 150. R-Lake Forest Village, Phase IV Single Family 94 District Regulations 15P. R-Fairway Village, Single Family District 98 Regulations 15Q. R-Twenty In Trophy, Single Family District 102 Regulations 15R. R-Village West, Section A Single Family District 106 Regulations 155. R-Village West, Section B Single Family District 110 Regulations 15T. R-Oak Hill, Single Family District Regulations 114 ii. SECTION SUPPLEMENTARY DISTRICT REGULATIONS PAGE 15U. R -Oak Hill Patio, Single Family District 118 Temporary Uses Regulations B. 15V. R -Summit Single Family District Regulations 122 16. PD Planned Development District Regulations 126 17. CG Commercial General District Regulations 130 18. CR Commercial Recreation District Regulations 136 19. GU Governmental Use District Regulations 139 20. H Historic Landmark 142 ARTICLE IV. 23. Conditional Uses 24. Special Use Permits 155 1.59 SUPPLEMENTARY DISTRICT REGULATIONS 21. Supplementary District Regulations 145 A. Temporary Uses 145 B. Sale of Alcoholic Beverages 146 C. Accessory Buildings 148 D. Corner Lots 148 E. Height Limits 149 F, Required Yards 149 G. Projections Into Required Yards 150 H. Right--of-Way and Easement Dedication 151 Requirements 22. Nonconforming Uses and Structures 152 ARTICLE V. CONDITIONAL AND SPECIAL USES 23. Conditional Uses 24. Special Use Permits 155 1.59 SECTION PAGE ARTICLE VI. DEVELOPMENT AND DESIGN STANDARDS 25. Screening and Fencing 164 26. Tree Preservation 168 27. Landscaping Regulations 173 28. Masonry Requirements 180 29, off—Street Parking Requirements 181 30. Off—Street Loading Requirements 184 31. Parking and Loading Area Development Standards 185 ARTICLE VII. ADMINISTRATION AND ENFORCEMENT 32. Administration and Enforcement 187 33. Certificate of Occupancy and Compliance 191 34. Amendments 192 35. Board of Adjustment 195 36. Determination of Vested Rights 198 37. Penalty 202 38. Severability Clause 202 39. Exceptions and Exemptions Not Required to be Negated 202 40. Repeal of Conflicting Ordinances 202 41. Effective Date 202 iv. TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO, 0 87-23 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A COMPREHENSIVE ZONING ORDINANCE FOR THE TOWN TO: ESTABLISH ZONING DISTRICTS; REGULATE THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES; SET THE PERCENTAGES OF A TRACT THAT MAY BE OCCUPIED, AND FOR WHAT PURPOSES; ESTABLISH THE MINIMUM SETBACKS AND OTHER OPEN SPACES, AND THE DENSITY OF POPULATION; REGULATE THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENCE, BUSINESS, TRADE, COMMERCE, INDUSTRY OR OTHER PURPOSES; REGULATE THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS; PROVIDE FOR OTHER REQUIREMENTS, CONDITIONS, LIMITATIONS AND OTHER CRITERIA FOR THE USE AND DEVELOPMENT OF PROPERTY; PROVIDING FOR TEMPORARY USES OF PROPERTY, PERFORMANCE STANDARDS, OFF --STREET PARKING REQUIREMENTS, OFF-STREET LOADING REQUIREMENTS, PARKING AND LOADING AREA DEVELOPMENT STANDARDS AND PARKING LOT STANDARDS, ACCESSORY AND PRINCIPAL BUILDING STANDARDS AND REQUIREMENTS, CORNER LOT STANDARDS AND REQUIREMENTS, HEIGHT LIMITATIONS, REQUIRED YARD AND SETBACK AREAS AND PROJECTIONS INTO REQUIRED YARDS; PROVIDING FOR DEDICATION OF PUBLIC PARKS, PUBLIC STREETS, PUBLIC DRAINAGE AND UTILITY EASEMENTS TO ADEQUATELY SERVE THE PROPERTY AT NO COST TO THE TOWN OF TROPHY CLUB; PROVIDING FOR SCREENING, LANDSCAPING, BUFFERING, WALLS AND FENCES; PROVIDING FOR A CERTIFICATE OF OCCUPANCY COMPLIANCE, AND NON --CONFORMING USES AND COMPLETION OF EXISTING BUILDINGS; REQUIRING SITE PLAN DISTRICT ZONING WHERE THE STORAGE, POSSESSION, SALE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES ARE PERMITTED BY THE LAW OF THE STATE OF TEXAS, AND PROVIDING FOR STANDARDS AND SPECIAL REGULATIONS WITHIN SUCH DISTRICT; PROVIDING A PROCEDURE FOR CHANGING EXISTING ZONING TO DISTRICT USES, CLASSIFICATION AND REGULATION UNDER THIS ORDINANCE; PROVIDING FOR ZONING MAPS AND USE DESIGNATION AND CHANGES; PROVIDING THAT USES NOW PROHIBITED BY OTHER ORDINANCES SHALL NOT BE PERMITTED; PROVIDING FOR APPLICATIONS FOR ZONING CHANGES, FEES, PROCEDURES AND NOTICES; PROVIDING FOR A ZONING BOARD OF ADJUSTMENT AND DUTIES OF SUCH BOARD; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR CHANGES AND AMENDMENTS OF THE ORDINANCE, ZONING DISTRICTS, ZONING USE DESIGNATIONS AND CLASSIFICATIONS AND PROCEDURES; PROVIDING THAT ALL NEW APPLICATIONS FOR ZONING CHANGES SHALL BE GRANTED UNDER THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR A VIOLATION OF THIS ORDINANCE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING THAT EXCEPTIONS NEED NOT BE NEGATED IN COMPLAINTS; PROVIDING A SAVINGS CLAUSES; REPEALING ORDINANCE NOS. 85-28, 85-29, 85-30, 85-31, 85--32, 85-33, 85-35, 85-36, 85-37, 86-03, 86-04, 86-21, 86-24, 87-08, AND 87-12; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EFFECTIVE DATE. WHEREAS, on February 9, 1987, by the passage of Ordinance No. 87-04, the Town Council of the Town of Trophy Club, Texas (the "Town"), upon the recommendation of the Town Planning and Zoning Commission, adopted the 1987 Comprehensive Plan; and WHEREAS, the Town Council and the Planning and Zoning Commission, pursuant to the directives and mandates contained in the Comprehensive Plan have, by its authority outlined in articles 1011a through 1011f, Texas Revised Civil Statutes Annotated (Vernon), as amended, proceeded to take all necessary steps to implement the said Plan; 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 the zoning regulations contained herein; and WHEREAS, after due deliberation and consideration of the information submitted during the public hearings and the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this ordinance is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 0 0 7 s j -2- ARTICLE I. INTENT, PURPOSE AND METHODS Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. 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, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. Section 3. The Town of Trophy Club is hereby divided into the following zoning districts, which districts are shown and described on the Zoning Map of the Town of Trophy Club, which Map is incorporated herein by this reference: R-12 Single Family Residential District- A zone designed to accommodate single family development on lots that are a minimum of 12,000 square feet in area. R-10 Single Family Residential District-- A zone designed to accommodate single family development on lots that are a minimum of 10,000 square feet in area. R-7.5 Single Family Residential District- A zone designed to accommodate single family development on lots that are a minimum of 7,500 square feet in area. R -Sections 1 and 2; R -Section 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 -Lake Forest Village, Phase III; R -Lake Forest Village, Phase IV; 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 - These are zones designed to accomodate single family residential areas already platted and either developed or undeveloped on the date of adoption of this ordinance. 4❑7Sj -3- PD Planned Development District— A zone designed to accommodate development with a variety of types of uses in accordance with a site plan. CG Commercial General District— A zone designed to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sated to be compatible with nearby residential uses and which primarily provide services to residents of the community. CR Commercial Recreation District--- A Zone designed to accommodate development of privately owned recreational areas and low intensity business offices that are directly related to and designed and sited to be compatible with the recreational use. GU Governmental Use District— A zone intended to apply to those lands where national, state or local governmental activities are conducted and where title to such lands is held by a governmental entity. H Historic Landmark Designation District— A designation intended to apply to areas of historic, architectural, archaeological or cultural importance or value which merit protection, enhancement and preservation in the interest of the culture, prosperity, education and welfare of the public. Section 4. Official Zoning Map. The Town is hereby divided into the districts listed in section 3 of this ordinance as shown on the Official Zoning Map, which Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, and bearing the seal of the Town under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 4 of Ordinance Number of the Town of Trophy Club, Texas" together with the date of the adoption of this ordinance. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matters, the same shall be portrayed on the Official Zoning Map promptly after the amendment has been approved by the Town Council. No amendments to this ordinance which involve matters portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map. a❑�s3 -4- No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the Town Secretary, shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the Town. Section 5. Rules for Interpretation of District Boundaries. A. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply; 1. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following the said lot lines. 3. Boundaries indicated as following Town limit lines shall be construed as following such Town limits. 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. 6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map, 0 0 7 5 j -5- 7. Where physical or cultural features f existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries. 8. Where a district boundary line divides a lot which was single ownership at the time of passage of this ordinance, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. Section 6, General Provisions. A. TERRITORIAL APPLICATION. The regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the Town of Trophy Club. B. GENERAL APPLICATION. After the effective date of this ordinance, all buildings and structures. erected, remodeled, altered and relocated and any use of land, buildings or structures established shall comply with the applicable provisions of this ordinance. Existing buildings, structures and uses of land not complying with the provisions of this ordinance may continue subject to the provisions of the nonconformities section of the ordinance. C. GENERAL PROHIBITION. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this ordinance. D. PRIVATE AGREEMENTS. This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or private agreement; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the regulations of this ordinance shall govern. E. OTHER LAWS AND REGULATIONS. The provisions of this ordinance shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ❑ ❑ 7 5 j -6- ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. F. APPLICABILITY - BUILDING PERMITS ISSUED PRIOR TO EFFECTIVE DATE. This ordinance shall not invalidate any unexpired building permits properly issued prior to the effective date of this ordinance pursuant to which construction has commenced; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this ordinance, such building, structure or use shall be subject to the provisions of section 21 of this ordinance relating to non -conforming uses. G. APPLICABILITY - PENDING APPLICATIONS. From and after the effective date of this ordinance, the provisions of this ordinance shall apply to all pending applications upon which no final decision has been made, subject, however, to the provisions of section 36 relating to vested rights determinations. Section 7. Newly Annexed Territory. All territory added or annexed to the Town of Trophy Club after the date of passage of this ordinance shall be automatically classified for R-12 Single -Family District purposes until permanently zoned by the governing body of the Town of Trophy Club. The Town Planning and Zoning Commission shall, as soon as practicable after annexation of any territory to the Town of Trophy Club, institute proceedings on its own motion to give the newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. Section 8. Zoning Designation of Vacated Streets and Alleys. Whenever any street, alley or other public way is vacated by official action of the Town Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district. Section 9. Water Areas. The water surface and the land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the Town of Trophy Club not otherwise zoned are hereby placed in the same zoning district as the land on which such water 0 0 1 S j -7- areas abut, as shown on the Official Zoning Map, Where the zoning districts shown on the Official Zoning Map are different on opposite sides of a water area, then the zoning district boundary shall be at the center line or mid -point of the water area, ARTICLE II. DEFINITIONS Section 10. Catchlines. The catchlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subsection, and shall not be deemed or taken to be titles of such sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. Section 11. Definitions. A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the Town .Council or where the context of this ordinance clearly indicates otherwise: 1. ACCESSORY BUILDING or ACCESSORY STRUCTURE shall mean a subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building. 2. ACCESSORY USE shall mean a use subordinate to and incidental to the principal use. 3. ACREAGE, GROSS shall mean the total acreage of a subdivision, including areas dedicated to the public use, such as streets and alley right-of-ways and open spaces, but not including public parks. 4. ACREAGE, NET shall mean the total acreage of a subdivision less those areas dedicated to public use, such as street and alley right--of-ways, open spaces and public parks, Provided, however, that easements shall be included in net acreage calculations. 5. AIRPORT shall mean a landing facility for aircraft approved by the United States Federal Aviation Agency. 6. ALCOHOLIC BEVERAGE shall mean alcohol, or any beverage containing more than one—half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 7. ALLEY shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 8. APARTMENT shall mean a room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individuals. 9. APARTMENT HOUSE shall mean any building, or portion thereof which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence.of three (3) or more families living independently of each other and maintaining separate cooking facilities. 10. AREA OF LOT shall mean the net area of the lot and shall not include portions of streets and alleys. 11. ATTACHED shall mean physical connection above the top of the floor line of the first floor. 12. through 27. (Reserved for future use.) 28. BASEMENT shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. 29. BEDROOM shall mean a room in a dwelling other than a kitchen, dining room, living room, bathroom or closet. This definition shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms, all of which are capable of being used as a bedroom. 30. BLIND FENCE OR WALL shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 31. BLOCK shall mean an area within the Town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 32. BREEZEWAY shall mean a covered passage one story in height connecting a main structure and an accessory building. 0 0 7 5 j -9- 33. BUILDING shall mean a structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 34. BUILDING SETBACK LINE shall mean a line parallel or approximately parallel to the street line and beyond which a building or structure may not be erected, encroach or project. 35. BUSINESS SERVICE shall mean a commercial use, other than retail sales and professional services, devoted to: (a) The fabrication, processing, assembly, cleaning or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. (b) The instruction, training or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. (c) The providing of temporary abodes for transient persons such as a hotel or motel. (d) The providing of food, drink or entertainment to persons. 36. CABANA shall mean a secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 37. through 60. (Reserved for future use.) 61. CHURCH shall mean a place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. 62. CLINIC shall mean an institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. 63. CLUB shall mean an association of persons for promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. 64. COMMERCIAL shall mean any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration 0 0 7 5 j -10- of a person occupying the premises upon which the transaction or part thereof takes place. 65. COMMERCIAL AMUSEMENT shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 66. COMPREHENSIVE PLAN Plan of the Town of Trophy Club of such unit separately adopted or parts thereof. shall mean the Comprehensive and includes any unit or a part and any amendment to such plan 67. CONDOMINIUM means the separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Texas Revised Civil Statutes Annotated, as amended. 68. CONVALESCENT HOME shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 69. CORNER LOT shall mean a lot situated at the junction of two (2) or more streets. 70. COUNTRY CLUB shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 71. CUL-DE-SAC shall mean a short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in Exhibit C of the Town Subdivision Ordinance. 72. CUSTOMARY HOME OCCUPATION shall mean an occupation customarily carried on in the home by a member of the occupant's family without structural alteration in the building or any of its rooms and without the installation of machinery or additional equipment other than that customary to normal household operations, provided that no person other than a member of the family of the owner or user of the principal single-family dwelling shall be employed or work in or at such home occupation. A customary home occupation shall not include the physical or medical treatment of persons or animals, professional, services, business services, barbershops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio or television shops, auto repairing or painting, furniture repairing or sign painting. 73. through 92. (Reserved for future use.) 0075 ,j --11- 93. DAY NURSERY shall mean a place where children are left for. care between the hours of 7:00 a.m. and 7:00 p.m. 94. DENSITY shall mean the number of dwelling units per gross acre, excluding any areas that are in a commercial or governmental district. 95. DEPTH OF FRONT YARD shall mean the minimum distance from the front lot line to the front line of a building. 96. DEPTH OF REAR YARD shall be defined as the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. 97. DEVELOPMENT shall mean the construction of one or more new buildings or structures on one or more building lots, or the use of open land for a new use. "To develop" shall mean to create development. 98. DETACHED shall mean having no physical connection above the top floor line of the first floor with any other building or structure. 99. DISTRICT shall mean a section of the Town of Trophy Club for which the regulations governing the area, height and use of buildings are uniform. 100. DUPLEX shall mean a detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families. 101. DWELLING shall mean an enclosed building or portion thereof having accomodations for only one family or occupied by one family. 102. EASEMENT shall mean an interest in land granted to the Town or other governmental entity, to the public generally and/or to a private utility corporation. 103. EFFICIENCY APARTMENT shall mean a dwelling unit in a multifamily structure, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred (600) square feet of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 104. through 120. (Reserved for future use.) ❑ ❑ 7 5 j -12- 121. ENCLOSED BUILDING shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air. 122. ENGINEER shall mean a person duly authorized under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering, 123. through 139. (Reserved for future use.) 140. FAMILY shall mean any number of individuals living together as a single housekeeping unit interdependent upon one another, 141. FIRST FLOOR shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than fifty (50) percent below grade and the top of the floor being no higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second f loor. . 142. FOUR -UNIT APARTMENT HOUSE shall mean a detached building containing four (4) single --family attached dwellings. 143. FRONT YARD shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. On a cul -de --sac, as that term is defined in the Town's subdivision rules and regulations, the front building line is to be determined by establishing a thirty foot setback from the front property pins on the front property or lot lines. A chord connecting these two (2) points shall be the front building line. Where a front property line has a curved section and a straight section, the front building line shall be determined by establishing a thirty-foot setback on the side property lines, thirty (30) feet from the property pins. A line perpendicular to the straight section will be established at the property pin where the curve begins. A point will be established on this line thirty (30) feet behind the property pin. The building line will be established by connecting these two (2) points, The term "property pins" refers to the front corners of the property contiguous to the street right-of-way as shown on the subdivision. Provided, however, that in no instance shall the front building setback line be closer than permitted in any zoning district herein. 144. through 167. (Reserved for future use.) 0 0 7 5 j -13- 168a. GARAGE, FRONT ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line. 168b. GARAGE, REAR ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line. Said structure shall be located partially or totally behind any portion of the living area. 169. GASOLINE SERVICE STATION shall mean a place or establishment where gasoline, oil, grease or motor vehicle accessories are sold, supplied or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles is conducted. 170. GRAPHIC PLAN shall mean a map indicating the proposed areas of common land usage by generalized drawing. 171. GUEST HOUSE shall mean a secondary structure on a lot which may contain dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 172.-192. (Reserved for future use.) 193. HALF STORY shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story. 194. HEIGHT shall mean, when referring to the height of a building or portion thereof, the measurement from the average established grade at the street lot line, or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof's surface if a flat surface, to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height, 195. through 209. (Reserved for future use.) 210. KINDERGARTEN shall mean school for children of preschool age, in which construction endeavors, object lessons and helpful games are prominent features of the curriculum. 0 0 7 5 -14- 211. through 221. (Reserved for future use.) 222. LOT shall mean an undivided tract of parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record, as shown in Appendix C of the Town Subdivision Ordinance. 223. LOT COVERAGE shall mean the total area of a lot upon which is placed a building, buildings or other structures. 224. LOT DEPTH shall mean the length of a line connecting the midpoints of the front and rear lot lines. 225. LOT, DOUBLE FRONTAGE OR THROUGH shall mean any lot, but not including a corner lot, with frontage on two (2) streets which are parallel to each other or within forty-five (45) degrees of being parallel to each other. 226. LOT, FRONTAGE shall mean the length of street frontage between property lines. 227. LOT, IRREGULAR shall mean any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees. 228. LOT OF RECORD shall mean a lot which is part of a subdivision, the plat of which has been recorded in .the office of the county clerk of the County where the lot is located, or a parcel of land, the deed of which was recorded in the office of the county clerk of the County where the lot is located prior to the effective date of this ordinance. 229. LOT, WIDTH shall mean the average distance between the side lot lines, which is normally that distance measured along a straight line connecting the midpoint of the two side lot lines. 230. through 247. (Reserved for future use.) 248. MECHANICAL EQUIPMENT shall mean any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of five (5) horsepower or more. 0 0 7 5 j -IS- 249. MINIMUM SQUARE FOOTAGE OF DWELLING UNIT shall mean the minimum square footage of living space required per dwelling unit, excluding porches, breezeways, patios or areas designated for automobile parking. 250. MOBILE HOME shall mean any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral to or portable by the vehicle, and shall include self-propelled and non self-propelled vehicles so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons. 251. MODULAR .HOME shall mean a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary component. 252. MULTIFAMILY DWELLING shall mean a building or buildings containing or aggregating more than four single-family dwelling units. 253. through 273. (Reserved for future use.) 274. NATURAL GRADE OR GRADE shall mean the natural grade existing prior to any site preparation, grading or filling. The natural grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or placement of the same. 275. NATURAL VEGETATION shall mean living plant material. 276. NONCOMMERCIAL shall pertain to an enterprise which provides goods and/or services only to its own members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment. 0 0 7 5 -16- 277. NONCONFORMING USE shall mean a building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. 278. through 299. (Reserved for future use.) 300. OFF-STREET PARKING shall mean concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 301. (Reserved for future use.) 302. OPEN SPACE shall be all land designated for the recreational enjoyment and/or natural beauty of the area. 303. OUTDOOR ADVERTISING SIGN shall mean a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon. which the signboard is located. 304. OUTSIDE STORAGE shall mean the storage of commodities, goods and/or refuse outside of an enclosed building. 305. through 323. (Reserved for future use.) 324. PARK shall mean land dedicated to, purchased by or otherwise acquired by the Town for the purpose of providing public recreational and/or open areas. 325. PAVEMENT WIDTH shall mean that portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of the curbs. 326. PERIMETER PLAN shall mean a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district. 327. PERSON shall mean any individual, association, firm, partnership, corporation, governmental agency, political subdivision or any other entity recognized in law. 328. PEDESTRIAN PATH shall mean a paved pedestrian way generally located within the public street right--of--way, but outside of the street or roadway. 329. PLANNED DEVELOPMENT shall mean a subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and park and recreational 0075) -17- areas, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. 330. PLAT shall mean a final plat that has been approved by the Town in accordance with the Town Subdivision Ordinance and filed in the Deed Records of the county where the land is located. 331. PLAYGROUND shall mean an area used primarily for recreational purposes for children and which generally includes equipment such as, but not limited to, swingsets, slides and merry-go-rounds; provided, however, that a playground shall not mean any play area located in the rear yard of a developed residential lot and used primarily by a person or persons residing on the developed residential lot. 332. PREMISES shall mean a piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to the same by virtue of different ownership, rental, lease, usage or occupancy. 333. PRINCIPAL STRUCTURE shall mean a building or structure, the use of which is a principal use. 334. PRINCIPAL USE shall mean a use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 335. PRIVATE shall mean the exclusion of those who have not been invited. 336. PRIVATE CLUB shall mean a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed. 337. PROFESSIONAL SERVICE shall mean work performed by a member of a profession licensed as a profession by the State of Texas. 338. PUBLIC shall mean promotion of a public cause or service, including utilities having a franchise from the Town, of `trophy Club, but excluding other profit --making organizations. 339. PUBLIC RIGHT-OF-WAY shall mean a strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, pedestrian path, drainage way or other public way. 340. through 361. (Reserved for future use.) O 0 7 5 j --18- 362. REAR YARD shall mean a space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line. 363. RELIGIOUS INSTITUTION shall be held to include a church as defined herein. 364. RETAIL STORE shall mean a place where goods, wares merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed to wholesale trade. 365. through 369. (Reserved for future use.) 370. REVERSE FRONTAGE LOTS: a corner lot, the rear of which abuts the side of another lot. 371. through 389. (Reserved for future use.) 390. SCREENING shall mean a wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. Any wall or fence constructed to comply with any screening provision specified within this ordinance shall be in accordance with the provisions of section 25 of this ordinance and all other ordinances of the Town. 391. SERVANTS' QUARTERS shall mean an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. 392. SIDE YARD shall mean an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. 393. SINGLE-FAMILY ATTACHED DWELLING shall mean a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. 394. SINGLE-FAMILY DETACHED DWELLING shall mean an enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot 0 0 7 5) area, front yard, side yard, rear yard, height and other zoning requirements. 395. SITE PLAN shall mean a map, drawing or chart showing the location of all existing and planned structures, landscaping design, ingress and egress, parking, height of structures and/or any other elements or design standards required by this ordinance or the Town Subdivision. Ordinance and which has been approved in accordance with the Town Subdivision Ordinance. 396. STORAGE shall mean a space or place for storing and safekeeping of goods in a warehouse or other depository. 397. STORY shall mean that portion of a building between the surface of any floor and the surface of the floor next to it, or if there be no floor above it, then the space between such floor and the ceiling next above. 398. STREET shall mean any public thoroughfare dedicated to the public and not designated as an alley. 399. STREET RIGHT -OF --WAY shall mean a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 400. STRUCTURAL ALTERATIONS shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders. 401.. STRUCTURE shall mean that which is built, erected or contructed, an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner. 402, SUBDIVIDER shall mean any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. 403. SUBDIVISION shall mean a division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes resubdivision of land or lots which are part of a previously recorded subdivision. 404. TOWN shall mean the Town of Trophy Club, Texas. a a 7 5 ) -20- 405. TOWN ENGINEER shall mean the duly authorized person in charge of engineering for the Town, or that person's designated representative. 406. through 423. (Reserved for future use.) 424. TOWNHOUSE shall mean a single-family attached dwelling unit on a separately platted lot which is joined at another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 425. TRIPLEX shall mean a detached building containing three (3) single-family attached dwelling units. 426. through 446. (Reserved for future use.) 447. WHOLESALE BUSINESS shall mean a commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. 448. WIDTH OF LOT shall mean the distance between the side property lines measured at the building nearest the front property line at the front property line, measuring parallel to the front property line, perpendicular to a line bisecting the angle between two (2) side lines, whichever is least. At no time, however, shall the front property line be less than twenty (20) feet. 449. WIDTH OF SIDE YARD shall mean the least distance between a side wall of a building and the side line of the lot. 450. YARD shall mean a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. B. Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by . the Town Council of the Town of Trophy Club after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the Town Council, as provided by law. Public hearing before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after such notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the Town Trophy Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such hearing. 0 0 7 5 j -21- ARTICLE III. DISTRICT REGULATIONS Section 12. R-12 Single Family District Regulations. PURPOSE: The purpose of the R-12 Single Family District 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, in order to promote medium population densities within integral neighborhood units. 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 in this Section, shall not be considered to be in violation of said lot size requirements, and for purposes of this Section shall be deemed to conform to the minimum lot size required in this Section. USES GENERALLY: In an R-12 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: I. Off-street parking and private garage in connection with any use permitted in this district, provided that no such garage shall face any street or golf course; 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. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 0 a 7 5 j -22- 5. Customary home occupation. When any of the foregoing permitted 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. Accessory buildings permitted by this Section shall not exceed 15 feet in height. Accessory buildings shall comply with the standards set forth in Section 21.C. of this ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. n o 7 5 j -23- DENSITY REGULATIONS: The maximum density within the R-12 Distract shall not exceed three (3) units per acre of gross area. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed 30 feet or two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size, . . . . . . . . B. Minimum Open Space. . . . C. Maximum Building , . . Coverage D. Maximum Impervious Area 0 0 7 5 -24- Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet. All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all develop- ments shall reserve open space in accordance with the Town Park Land Dedication Ordinance. and other applicable ordinances of the Town. The combined area by all main and accessory buildings and struc- tures shall not exceed thirty-five percent (350) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. The combined area occupied by all build- ings, structures, off- street parking and paved areas shall not exceed 50 percent of the total lot area. E. Minimum Floor Area . . . Type of Structure One story residence One and one-half story or two story residence The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Golf Course Lots All Other Lots 2,500 2,500* Residence on corner lot** 2,500* 2,000 2,000* 2,500* *Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. **On corner lots, development shall take place in accordance with Section 21.D of this ordinance. F. Depth of front yard, feet*** . . . . . . . . 25 G. Depth of rear yard, feet*** . . . . . . . . 25 (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 conti- guous to the perimeter of the Town) H. Width of side yard on each Not less than ten per - side, feet*** . . . . . cent (100) of the average width or ten feet (10'), whichever is greater I. Width of side yard adjacent to side street, feet*** . . . . . . . . 20 J. Width of lot, feet . . . . . . . . . . . . 90 (measured at front building line) K. Depth of lot, feet . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) L. Depth of lot, cul--de-sac or corner lot, feet . . . . . . . . . . . . . 100 ***All required yards shall comply with Section 21.F. of this ordinance. 0 0 7 5 j -25- BUFFERED AREA REGULATIONS: Whenever an R-12 Single Family development is located adjacent to an existing 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. OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. Garages shall be a minimum of 21 feet by 22 feet. OFF --STREET LOADING: No off-street loading is required in the R-12 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 0 7 5 j -26- Section 13. R-10 Single Family District Regulations. PURPOSE: The purpose of the R-10 Single Family District is to allow single family, detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this Section, shall not be considered to be in violation of said lot size requirements, and for purposes of this Section shall be deemed to conform to the minimum lot size required in this Section. USES GENERALLY; In an R-10 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned, 3. Public utility uses required to service the district. B, ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district, providing that no such garage shall face any street or golf course; 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. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. ❑ ❑ 7 5 j -27- When any of the foregoing permitted 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. Accessory buildings permitted by this Section shall not exceed 15 feet in height. Accessory buildings shall comply with the standards set forth in Section 21.C. of this ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 or this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. DENSITY REGULATIONS: The maximum density within the R-10 District shall not exceed three (3) units per acre of gross area. 0 0 7 5 j -28- HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed 30 feet or two stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of ten thousand (10,000) square feet, B. Minimum Open Space All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. C. Maximum Building . . . . . . . The combined area by Coverage all main and accessory buildings and struc- tures shall not exceed thirty-five percent (350) of the total lot area. Swimming pools and spas shall not be included in determin- ing maximum building coverage. D. Maximum impervious . . . . . . The combined area Area occupied by all build- ings, structures, off- street parking and paved areas shall not exceed 55 percent of the total lot area. E. Minimum Floor Area . . . . . . The minimum square footage of a dwelling unit, exclusive of 0 0 7 5 j -29- garages, breezeways and porches, shall be in accordance with the following. Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one-half story 2,500* 2,000* or two story residence Residence on corner lot** 2,500* 2,250* *These residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. **On corner lots, development shall take place in accordance with Section 21.D. of this ordinance. F. Depth of front yard, feet*** . . . . . . . . . . 25 G. Depth of rear yard, feet*** . . . . . . . . . . 25 (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 conti- guous to the perimeter of the Town) H. Width of side yard on each Not less than ten per - side, feet*** . . . . . . . . cent (100) of the average lot width or ten (10) feet, which- ever is greater. T. Width of side yard adjacent to side street, feet*** . . . . . . . . . . . . 15 J. Width of lot, feet . . . . . . . . . . . . . . 80 (measured at front building line) K. Depth of lot, feet . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) L. Depth of lot, cul-de-sac or corner lot, feet . . . . . . . . . . . . . . . 100 ***All required yards shall comply with Section 21.F. of this ordinance. 0 0 7 5 j -30- BUFFERED AREA REGULATIONS: Whenever an R--10 Single Family development is located adjacent to an existing multi -family development or a non-residential district, without any division such as a dedicated public stret, 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. OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. Garages shall be a minimum of 21 feet by 22 feet. OFF-STREET LOADING: No off-street loading is required in the R-10 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 0 7 5 j -31- Section 14. R-7.5 Single Family District Regulations. PURPOSE: The purpose of the R--7.5 Single Family District is to allow single family, detached dwellings in areas not to exceed five (5) contiguous acres on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses, in. order to promote medium population densities within integral neighborhood units. 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 in this Section, shall not be considered to be in violation of said lot size requirements, and for purposes of this Section shall be deemed to conform to the minimum lot size required in this Section. USES GENERALLY: In an R-7.5 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district, provided that no garage shall face any street or golf course; 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. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 0 7 5 j -32- When any of the foregoing permitted 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. Accessory buildings permitted by this Section shall not exceed 15 feet in height. Accessory buildings shall comply with the standards set forth in Section 21.C. of this ordinance. C. LIMITATION OF USES; 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. DENSITY REGULATIONS; The maximum density within the R-7.5 District shall not exceed five (5) units per acre of gross area. HEIGHT REGULATIONS: Except as provided by Section 20.E. of this ordinance, no building shall exceed 30 feet in height. AREA REGULATIONS: The following minimum standards shall be required, measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of seven thousand five hundred B. Minimum Open Space . . . . . . 0 0 7 5 j -33- (7,500) square feet. All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all develop- ments shall reserve C. Maximum Building . . . . . . . Coverage D. Maximum Impervious . . . . . . Area E. Minimum Floor Area . . . . . . Type of Structure One story residence One and one-half story or two story residence open space in accord- ance with the Town Park Land Dedication Ordin- ance and other' applic- able ordinances of the Town. The combined area by all main and accessory buildings and struc- tures shall not exceed thirty-five percent (35%) 'of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. The combined area occu- pied by all buildings, structures, off-street parking and paved areas shall not exceed 60 percent of the total lot area. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Golf Course Lots 2,000 2,000* Residence on corner lot** 2,000* All Other Lots 1,800 1,800 2,000* *These residences with more than one (1) story shall have a minimum first floor area of 1,800 square feet. **On corner lots, development shall take place in accordance with Section 21.D. of this ordinance. o ❑ 7 5 j -34- F. Depth of front yard, feet*** . . . . . . . . . . 25 G. Depth of rear yard, feet*** . . . . . . . . . . 25 (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 conti- guous to the perimeter of the Town) H. Width of side yard*** Not less than fifteen (15) feet to any one side and no building shall be closer than fifteen (15) feet to any adjacent dwelling. I. Width of side yard adjacent to side street, feet*** . . . . . . . . . . . . 15 J Width of lot, feet . . . . . . . . . . . . . . 60 (measured at front building line) K. Depth of lot, feet . . . . . . . . . . . . 100 (measured at the midpoint of the frontage) L. Depth of lot, cul-de-sac or corner lot, feet . . . . . . . . . . . . . . . 90 ***All required yards shall comply with Section 21.F. of this ordinance. BUFFERED AREA REGULATIONS: Whenever an R-7.5 Single Family development is located adjacent to an existing multi --family development or a non-residential district, without any division such as a dedicated public stret, 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. OFF-STREET PARKING: Provisions for the parking of automobiles shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other • applicable ordinances of the Town. Garages shall be a minimum of 21 feet by 22 feet. ❑ ❑ 7 5 j -35- OFF-STREET LOADING: No off-street loading is required in the R-7.5 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. ❑ 9 7 S j -36- Section 15A. R -Sections 1 and 2 Single Family District Regulations. PURPOSE: The purpose of the R -Sections 1 and 2 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY; In an R -Sections 1 and 2 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -37- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. O l O P j -38- B. Minimum Open Space . . . . . . C. Minimum Floor Area . . . . . . Type of Structure One story residence One and one-half story or two story residence Golf Course Lots 2,500 Residence on corner lot 2,500 (without regard to number of stories) D. Depth of front yard, feet . . . All areas not devoted to build- ings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addi- tion, all develop- ments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: All Other Lots 2,000 2,000 2,000 30 E. Depth of rear yard, feet . . . . . . . . . . . 15 F. Width of side yard on each 5; provided, however, side, feet . . . . . . . . . . that in no event shall the sum of the widths of the side yards be less than fifteen per cent (15%) of the width of the lot measured to the nearest foot, along the front building line. n100j -39- G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . . 20 H. Width of lot, feet . . . . . . . . . . . . . . . 75 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . . 90 (measured at the midpoint of the.frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance. with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF --STREET LOADING: No off-street loading is required in the R -Sections 1 and 2 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. oiooj -40- Section 15B. R -Section 3 Single Family District Regulations, PURPOSE: The purpose of the R -Section 3 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 3 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single ---family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. nsnn� -41- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D, LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. ❑ E ❑ a j -42- B. Minimum Open Space . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In . addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. C. Minimum Floor Area . Type of Structure One story residence One and one-half story or two story residence Residence on corner lot (without regard to number of stories) The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Golf Course Lots 2,000 2,500 2,500 All Other Lots 2,040 2,000 2,000 D. Depth of front yard, feet 30; except on a cul- de-sac the depth of the front yard shall be 15 feet E. Depth of rear yard, feet . . F. Width of side yard on each side, feet . . . . . . . . . 0 1 0 a j -43- 15 5; provided, however, that in no event shall the sum of the widths of the side yards be less than fifteen per cent (15%) of the width of the lot, measured to the near- est foot, along the front building line. G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . . 15 H. Width of lot, feet . . . . . . . . . . . . . . . 60 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R --Section 3 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission. and Town Council. O l O Q j -44- Section 15C. R -Section 4 Single Family District Regulations. PURPOSE: The purpose of the R -Section 4 Single Family District is to allow single family, detached dwellings on lots of not less than fourteen thousand two hundred and fifty (14,250) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 4 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: I. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. aiaaj -45- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured -from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of fourteen thousand two hundred and fifty (14,250) square feet. a I o ❑ j -46- B. Minimum Open Space . . . . C. Minimum Floor Area . . . . Type of Structure One story residence One and one-half story or two story residence Residence on corner lot (without regard to number of stories) All areas not devoted to buildings, struc- tures or off ---street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with . the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 1,800 1,800 1,800 D. Depth of front yard, feet . . . . . . 30 E. Depth of rear yard, feet . . . . . . . 15 F. Width of side yard on each 5; provided, however, side, feet . . . . . . . . . that in no event shall the sum of the widths of the side yards be less than fifteen per cent (15%) of the width of the lot, measured to the near --- est foot, along the front building line. a 1 0 0 j .-4.7- G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . . 15 H. Width of lot, feet . . . . . . . . . . . . . 95 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . . . 145 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING; No off-street loading is required in the R --Section 4 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. n1a0J -48- Section 15D. R -Section 5 Single Family District Regulations. PURPOSE: The purpose of the R -Section 5 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 5 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single --family dwelling, except for customary home occupation: I. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. a1aaj -49- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. . Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly- permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located., HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: 0 1 0 0 j -50- A. Lot Size . . . . . . . . . . . j� B. Minimum Open Space . . . . . C. Minimum Floor Area . . . . Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. All areas not devoted to .buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Minimum Exterior Area (in square feet) One story residence 1,800 One and one-half story 1,800 or two story residence Residence on corner lot 1,800 (without regard to number of stories) D. Depth of front yard, feet . . . . . . . . . 25 E. Depth of rear yard, feet . . . . . . . . . . 15 0 1 0 0 j -51- F. Width of side yard on each side, feet . . . . . . . . G. Width of side yard adjacent to side street, feet . . . H. Width of lot, feet . . . . (measured at front building line) 5; provided, however, that in no event shall the sum of the widths of the side yards be less than fifteen per cent (15%) of the width of the lot, measured to the nearest foot, along the front building line. 10 55 I. Depth of lot, feet . . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 5 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -52- Section 15E. R -Section 6 Single Family District Regulations. PURPOSE: The purpose of the R -Section 6 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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. in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 6 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -53- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: 0 1 0 0 j -54- A. Lot Size . . . . . . . . . . . B. Minimum Open Space . . . . . . C. Minimum Floor Area . Type of Structure One story residence One and one-half story or two story residence Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. . . . . . The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Golf Course Lots All Other Lots 2,000 2,500 Residence on corner lot 2,500 (without regard to number of stories) D. Depth of front yard, feet . . . . . . 0 t 0 0 j -55- 2,000 2,000 2,000 25; except on a cul-de-sac, the depth of the front yard shall be 15 feet E. Depth of rear yard, feet 10; provided, however, that the depth of a lot lying contiguous to and abutting a golf course shall be 15 feet. F. Width of side yard on each side, feet . . . . . . . . 5; except that a side yard contiguous to and abutting a golf course shall have a minimum 15 foot side width; pro- vided, however, that notwithstanding these minimum side yard pro- visions, in no event shall the sum of the widths of the side yards be less than fifteen percent (150) of the width of the lot, measured to the nearest foot along the front building line. G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . . 15 H. Width of lot, feet . . . . . . . . . . . . . . . 70 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances -of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 6 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -56- Section 15F. R -Section 7 Single Family District Regulations. PURPOSE: The purpose of the R -Section 7 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 7 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and naturepreserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0100 -57- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: 0 1 0 0 j -58- A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a mini- mum area of eleven thou- sand (11,000) square feet. B. Minimum Open Space . . . . . All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all develop- ments shall reserve open space in accordance with the Town Park Land Dedi- cation Ordinance and other applicable ordi- nances of the Town. C. Minimum Floor Area . . . . . The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure One story residence One and one-half story or two story residence Residence on corner lot (without regard to number of stories) Golf Course Lots 2,000 2,000 2,500 All Other Lots 2,000 2,000 2,000 D. Depth of front yard, feet 25; except on cul-de- sacs, the minimum depth of the front yard shall be 15 feet 0 1 0 0 j -59- E. Depth of rear yard, feet . . . . 10; provided, however, that the minimum depth of the rear yard lot lying contiguous to and abutting to a golf course shall be 15 feet. F. Width of side yard on each 5; except that a side side, feet . . . . . . . . . . yard contiguous to and abutting a golf course shall have a minimum 15 foot side width; provided, how- ever, that notwith- standing these minimum side yard provisions, in no event shall the sum of the widths of the. side yards be less than fifteen percent (15%) of the width of the lot measured, to the nearest foot, along the front building line. G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . . . . 80 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . ... . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 7 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -60- Section 15G. R -Section 8 Single Family District Regulations. PURPOSE: The purpose of the R -Section 8 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 8 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -61- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts., private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. 0 1 0 0 j -62- B. Minimum Open Space . . . . . . C. Minimum Floor Area . . . . . . Type of Structure One story residence One and one-half story or two story residence Residence on corner lot (without regard to number of stories) All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 1,800 1,800 1,800 D. Depth of front yard, feet . . . . . . . . . 20 E. Depth of rear yard, feet . . . . . . . . . . 10 F. Width of side yard on each side, feet . . . 5 G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . . 70 (measured at front building line) 0 1 0 0 j -63- I. Depth of lot, feet . . . . . (measured at the midpoint of the frontage) 110 OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 8 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -64- Section 15H. R -Section 9 Single Family District Regulations. ( PURPOSE: The purpose of the R -Section 9 Single Family District is to allow single family, detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 9 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0100 -65- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall have more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . 0100 -66- Lots for any permitted use shall have a minimum area of eleven thousand (11,000) square feet. B. Minimum Open Space . . . . . . C. Minimum Floor Area Type of Structure One story residence One and one-half story or two story residence Residence on corner lot (without regard to number of stories) All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 1,800 1,800 1,800 D. Depth of front yard, feet . . . . . E. Depth of rear yard, feet F. Width of side yard on each . . . . . side, feet G. Width of side yard adjacent to side street, feet . . . . . . . . 0 1 0 0 j -67- 25; except that cul-de-sacs shall have a minimum front yard depth of 20 feet. 10 15 15 H. Width of lot, feet . . . . . . . . . . . 75 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 9 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -68- Section 15I. R -Sections 10 and 11 Single Family District Regulations. PURPOSE: The purpose of the R -Sections 10 and 11 Single Family District is to allow single family, detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Sections 10 and 11 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. l' 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -69- Accessory buildings permitted by this Section shall not exceed two (2) stories in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis.courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless. a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any per- mitted use shall have a minimum area of eight thousand (8,000) square feet. 0 1 0 0 j -70- B. Minimum Open Space . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordin- ance and other applicable ordinances of the Town. C. Minimum Floor Area . Type of Structure One story, one and one-half story or two story residence D. Depth of front yard, feet E. Depth of rear yard, feet . . F. Width of side yard on each . side, feet G. Width of side yard adjacent to side street, feet . . . . . H. Width of lot, feet . . . . . . (measured at front building line) 0 1 0 0 j -71- The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 1,800 25; provided, however, that on a cul-de-sac the minimum depth of the front yard shall be 20 feet. 25 5 15 70 I. Depth of lot, feet . . . . . . 100 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Sections 10 and 11 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 L 0 0 j -72- Section 15J. R -Section 12 Single Family District Regulations. PURPOSE: The purpose of the R -Section 12 Single Family District is to allow single family, detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 12 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0100 -73- Accessory buildings permitted by this Section shall not exceed two (2) stories in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any per- mitted use shall have a minimum area of eight thousand (8,000) square feet. 0 1 0 0 j -74- 10 101 Minimum Open Space All areas not devoted to build- ings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. Minimum Floor Area . . . . . Type of Structure One story, one and one- half story and two story residences E. The minimum square footage of a dwell- ing unit, exclusive of garages, breeze- ways and porches, shall be in accord- ance with the following: Golf Course Lots All Other Lots 2,200 Depth of front yard, feet . . . . Depth of rear yard, feet . . . . 0 1 0 0 j -75- 1,800 25 10; provided, how- ever, that the minimum depth of a rear yard of a lot contiguous to and abutting a golf course shall be 15 feet F. Width of side yard on each . . . . side, feet 5; provided, how- ever, that the minimum width of a side yard on each side of a lot con- tiguous to and abutting a golf course shall be 10 feet; and provided further, however, that any side yard contiguous to and abutting a golf course shall have a minimum width of 25 feet. G. Width of side yard adjacent to side street, feet . . . . . . . 15 H. Width of lot, feet . . . . . . . . . 70 (measured at front building line) I. Depth of lot, feet . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 12 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -76- Section 15K. R -Section 13 Single Family District Regulations. PURPOSE: The purpose of the R -Section 13 Single Family District is to .allow single family, detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Section 13 Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district, providing that no such garage shall face any street. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -77- Accessory buildings permitted by this Section shall not exceed two (2) stories in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited.. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed thirty (30) feet or two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any per- mitted use shall have a minimum area of ten thousand (10,000) square feet. 0 1 0 0 j -78- M. C. is E. Minimum Open Space . . . . . All areas not devoted to build- ings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. Maximum Building Coverage. . The combined area by all main and acces- sory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in deter- mining maximum building coverage. Maximum Impervious Area. . . Minimum Floor Area . . . . . 0 1 0 0 j -79- The combined area occupied by all buildings, struc- tures, off-street parking and paved areas shall not exceed 55 percent of the total lot area. The minimum square footage of a dwell- ing unit, exclusive of garages, breeze- ways and porches, shall be in accord- ance with the following: Type of Structure One story residence One and one-half story and two story residences Residences on corer lots** Golf Course Lots All Other Lots 2,250 2,000 2,500* 2,000* 2,500* 2,250* *Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. **On corner lots, development shall take place in accordance with Section 21.D. of this ordinance. D. Depth of front yard, feet*** . . . . . 25 E. Depth of rear yard, feet***. . . . . . 25 (No rear yard shall face any street; provided, however, that this require- ment shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) F. Width of side yard on each Not less than ten side, feet***. . . ... . . . . . percent (100) of the average lot width or ten (10) feet, whichever is greater. G. Width of side yard adjacent to side street, feet***. . . . . . . 15 H. Width of lot, feet . . . . . . . . . 80 (measured at front building line) I. Depth of lot, feet . . . . . . . . . 110 (measured at the midpoint of the frontage) J. Depth of lot, cul-de-sac or . . . . . 100 corner lot, feet ***All required yards shall comply with Section 21.F. of this ordinance. BUFFERED AREA REGULATIONS: Whenever an Section R-13 Single Family development is located adjacent to an existing multi -family development or a non-residential district, without 0100 -80- any division such as a dedicated public stret, park or i 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. OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Section 13 District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 0 j -81- Section 15L. R -Lake Forest Village, Phase I Single Family District Regulations. PURPOSE: The purpose of the R -Lake Forest Village, Phase I Single Family District is to allow single family, detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Lake Forest Village, Phase I Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 0 j -82- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 2.1.E. of this ordinance, no building shall be more than two and one-half (2-1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . Lots for any per- mitted use shall have a minimum area of nine thousand (9,000) square feet. 0 1 0 0 j -83- B. Minimum Open Space . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. C. Minimum Floor Area . . . Type of Structure One story, one and one-half, two story, two and one-half story residences The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 2,000* *Those residences with two and one-half (2-1/2) stories shall have a minimum first floor area of 1,200 square feet. D. Depth of front yard, feet . . . . . . . . . 25 E. Depth of rear yard, feet . . . . . . . . . . 10 F. Width of side yard on each side, feet . . . 5 H. Width of lot, feet . . . . . . . . . . . . . 65 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) 0 1 0 0 j -84- OFF-STREET PARKING: Provisions for the parking of %f automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LORDING: No off-street loading is required in the R -Lake Forest Village, Phase I District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 I 0 0 j -85- Section 15M. R -Lake Forest Village, Phase II Single Family District Regulations. PURPOSE: The purpose of the R -Lake Forest Village, Phase II Single Family District is to allow single family, detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Lake Forest Village, Phase II Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -86- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. - 5. Tennis courts, private. D. LIMITATION OF USES: 1. . Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one-half (2 1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of nine thousand (91000) square feet. 0101 -87- ,- B. Minimum Open Space . . . . . . All areas not devoted �( to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. C. Minimum Floor Area . . . . . . The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Dwelling Area Type of Structure (in square feet One story, one and one-half 2,000* story, two story, two and one-half story residences *Those residences with two and one-half (2 1/2) stories shall have a minimum first floor area of 1,200 square feet. D. Depth of front yard, feet . . . 20 E. Depth of rear yard, feet . . . . . . . . . . . . 10 F. Width of side yard on each . . . . . . . . . . . 5 side, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . . . 70 (measured at front building line) 0101 j. -88- I. Depth of lot, feet . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Lake Forest Village, Phase II District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -89- Section 15N. R -Lake Forest Village, Phase III Single Family District Regulations. PURPOSE: The purpose of the R -Lake Forest Village, Phase III Single Family District is to allow single family, detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Lake Forest Village, Phase III Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. i` 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -90- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one-half (2 1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of ten thousand (10,000) square feet. 0 1 0 1 j -91- B. Minimum Open Space . . . . . . All areas not devoted l� to buildings, struc- side, feet tures or off-street G. Width of side parking area shall be to side street, feet . . . . . . . . . . . . . 15 devoted to grass, feet . . . . . . . . . . . . . . 80 trees, gardens, shrubs line) or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. C. Minimum Floor Area . . . . . . The minimum _ square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure All Other Lots —� One story, one and 2,000* one-half story, two story, two and one- half story residences *Those residences with two and one-half (2 1/2) stories shall have a minimum first floor area of 1,200 square feet. D. Depth of front yard, feet 20; except that on a cul-de-sac, the minimum depth of the front yeard shall be 15 feet. E. Depth of rear yard, feet . . . . . . . . . . . . 10 F. Width of side yard on each . . . . . . . . . . . 5 side, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 15 H. Width of lot, feet . . . . . . . . . . . . . . 80 (measured at front building line) 0 1 0 1 j -92- I. Depth of lot, feet . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Lake Forest Village, Phase III District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -93- Section 150. R -Lake Forest Village, Phase IV Single Family District Regulations. PURPOSE: The purpose of the R -Lake Forest Village, Phase IV Single Family District is to allow single family, detached dwellings on lots of not less than five thousand (5,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Lake Forest Village, Phase IV Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -94- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed two (2) stories or 30 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . o1o1j -95- Lots for any permitted use shall have a minimum area of five thousand (5,000) square feet. B. Minimum Open Space . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. C. Minimum Floor Area . . . . . . The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area Type of Structure (in square feet) One story, one and one- 1,800 half story, two story residence D. Depth of front yard, feet . . . . . . . . . . . 10 E. Depth of rear yard, feet . . . . . . . . . . . . 10 F. Width of side yard on one . . . . . . . . . . . 5 side only, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . 45 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . 110 (measured at the midpoint of the frontage) 0 1 0 1 j -96- OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Lake Forest Village, Phase IV District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0101 -97- Section 15P. R -Fairway Village Single Family District ;� Regulations. PURPOSE: The purpose of the R -Fairway Village Single Family District is to allow single family, detached dwellings on lots of not less than three thousand (3,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Fairway Village Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -98- Accessory buildings permitted by this Section shall not exceed one (1) story in height. ( C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one-half (2 1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. 0101 -99- B. C. Minimum Open Space . . . . . . All areas not devoted Minimum Floor Area . . . . . Type of Structure One story residence One and one-half story, two story, two and one-half story residences to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area (in square feet) 1,200 1,500* *These residences with one and one-half stories or greater •shall have a minimum first floor area of 800 square feet. D. Depth of front yard, feet . . . . . . . . . . . 10 E. Depth of rear yard, feet . . . . . . . . . 25 H. Width of lot, feet . . . . . . . . 40 (measured at front building line) I. Depth of lot, feet . . . . . . . . . 70 (measured at the midpoint of the frontage) 0 1 0 1 j -100- OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Fairway Village District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. a 1 0 1 j -101- Section 15Q. R -Twenty In Trophy Single Family District i` Regulations. PURPOSE: The purpose of the R -Twenty In Trophy Single Family District is to allow single family, detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Twenty In Trophy Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. f-' 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0101 -102- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one- half (2 1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a. minimum area of eight thousand (8,000) square feet. 0 1 0 1 j -103- B. Minimum Open Space . . . . rr C. Minimum Floor Area . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material: In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: 0 1 0 1 j -104- Minimum Exterior Area r( Type of Structure (in square feet) One and one-half story, 1,800* two story, two and one- half story residences *These residences shall have a minimum first floor area of 1,000 square feet. D. Depth of front yard, feet . . . . . . . . . . . 15 E. Depth of -rear yard, feet . . . . . . . . . . . . 15 F. Width of side yard on one . . . . . . . . . . . . 6 side only, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . . . 45 (measured at front building line) I. Depth of lot, feet . . . . . . . . . . . . . . 95 (measured at the midpoint of the frontage) 0 1 0 1 j -104- OFF-STREET PARKING: Provisions for the parking of (^ automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Twenty In Trophy District for residential uses. Off- street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -105- Section 15R. R -Village West, Section A Single Family District Regulations. PURPOSE: The purpose of the R -Village West, Section A Single Family District is to allow single family, detached dwellings on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Village West, Section A Single Family District, no land shall .be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -106- Accessory buildings permitted by this Section shall not exceed two (2) stories. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. - 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or 'structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . 0 1 0 1 j -107- Lots for any permitted use shall have a minimum area of seven thousand five hundred (7,500) square feet. B . C. Minimum Open Space . . . . . . Minimum Floor Area . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area Type of Structure F. Width of side (in square feet) One story residence G. Width of side 1,400 One and one-half story, feet . . . . . . . . . . . . . . 60 1,600* or two story residence *These residences with more than one (1) story shall have a minimum first floor area of 800 square feet. D. Depth of front yard, feet . . . 25; except that the minimum depth of front the yard on a cul-de-sac shall be 20 feet. E. Depth of rear yard, feet . . . . . . . . . . . . 10 F. Width of side yard on each . . . . . . . . . . . 5 side, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 10 H. Width of lot, feet . . . . . . . . . . . . . . 60 (measured at front building line) 0101 -108- I. Depth of lot, feet . . . . . . . . . . . . . . 110 (measured at the midpoint of (/ the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Village West, Section A District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. a 1 0 1 j —109— Section 155. R -Village West, Section B Single Family f District Regulations. PURPOSE: The purpose of the R -Village West, Section B Single Family District is to allow single family, detached dwellings on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Village West, Section B Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -110- Accessory buildings permitted by this Section shall not exceed two (2) stories in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: . 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two (2) stories in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of seven thousand five hundred (7,500) square feet. 0 1 0 1 j -111- B. 10 Minimum Open Space . . . . . . Minimum Floor Area . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material: In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Exterior Area Type of Structure (in square feet) One story residence 1,400 One and one-half story 1,600* or two story residence *These residences with more than one (1) story shall have a minimum first floor area of 800 square feet. D. Depth of front yard, feet . . . . . . . . . . . 20 E. Depth of rear yard, feet . . . . . . . . . . . . 10 F. Width of side yard on each . . . . . . . . . . . 5 side, feet G. Width of side yard adjacent to side street, feet . . . . . . . . . . . . . 15 H. Width of lot, feet . . . . . . . . . . 60 (measured at front building line) , I. Depth of lot, feet . . . . . . . . . . 110 (measured at the midpoint of the frontage) o1o1 -112- OFF-STREET PARKING: Provisions for the parking of ( automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Village West, Section B District for residential uses. Off-street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. a 1 0 1 j -113- Section 15T. R -Oak Hill Single Family District ( Regulations. PURPOSE: The purpose of the R -Oak Hill Single Family District is to allow single family, detached dwellings on lots of not less than eight thousand eight hundred (8,800) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Oak Hill Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -114- Accessory buildings permitted by this Section shall not - exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than three (3) stories, nor exceed 40 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of eight thousand eight hundred (8,800) square feet. 0 1 0 1 j -115- B. Minimum Open Space i C. Minimum Floor Area Type of Structure One story residence One and one-half story, two story, two and one- half story, three story residences . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. . The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: D. Depth of front yard, feet E. Depth of rear yard, feet . . F. Width of side yard on each . side, feet 0101 -116- Minimum Exterior Area (in square feet) 2,000 2,500 . . . . . . . . . . 15 . . . . . . . . 10 5; provided, however, that in no event shall the sum of the widths of the side yards be less than fifteen percent (15%) of the width of a lot measured, to the nearest foot, along the front building line. G. Width of lot, feet . . . . . . . . . . . . . . 75 (measured at front building line) H. Depth of lot, feet . . . . . . . . . . . . . . 110 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Oak Hill District for residential uses. Off- street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -117- Section 15U. R -Oak Hill Patio Single Family District Regulations. PURPOSE: The purpose of the R -Oak Hill Patio Single Family District is to allow single family, detached dwellings on lots of not less than five thousand five hundred (5,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Oak Hill Patio Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -118- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. r 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one- half (2 1/2) stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall have a minimum area of five thousand five hundred (5,500) square feet. 0 1 0 1 j -119- B. C. Minimum Open Space . . . . . . Minimum Floor Area . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 1,500 1,200 One and one-half story, 1,800** 1,500* two, two and one-half story residences *These residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet. **These residences with more than one (.1) story shall have a minimum first floor area of 1,200 square feet. D. Depth of front yard, feet . . . . . . . . . . . 10 E. Depth of rear yard, feet . . . . . . . . . . . . 20 F. Width of lot, feet . . . . . . . . . . . 45 (measured at front building line) G. Depth of lot, feet . . . . . . . . . . . . 100 (measured at the midpoint of the frontage) 0101 -120- OFF-STREET PARKING: Provisions for the -parking of r automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET- LOADING: No off-street loading is required in the R -Oak Hill Patio District for residential uses. Off- street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -121- Section 15V. R -Summit Single Family District Regulations. (C PURPOSE: The purpose of the R -Summit Single Family District is to allow single family, detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units. 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 in this section, shall not be considered to be in violation of said lot size requirements, and for purposes of this section shall be deemed to conform to the minimum lot size required in this section. USES GENERALLY: In an R -Summit Single Family District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. ,-i 2. Parks, playgrounds and nature preserves, publicly owned. 3. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single-family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation: 1. Off-street parking and private garage in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Private swimming pool. 4. Signs subject to the provisions of the Town Sign Ordinance. 5. Customary home occupation. 0 1 0 1 j -122- Accessory buildings permitted by this Section shall not exceed one (1) story in height. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Non-profit community centers and swimming pools and tennis courts. 2. Public and private country clubs and golf courses excluding miniature golf courses. 3. 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. 4. Churches. 5. Tennis courts, private. D. LIMITATION OF USES: 1. Garage sales are prohibited. 2. Private or public alleys shall not be allowed. 3. Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the County in which the property is located. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall be more than two and one-half stories, nor exceed 35 feet in height. AREA REGULATIONS: The following minimum standards shall be required measured from property lines: A. Lot Size . . . . . . . . . . . Lots for any permitted use shall . have a minimum area of five thousand seven hundred fifty (5,750) square feet. 0 1 0 1 j -123- B. C. Minimum Open Space . . . . . . Minimum Floor Area . . . . . . All areas not devoted to buildings, struc- tures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedica- tion Ordinance and other applicable ordi- nances of the Town. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Minimum Dwelling Area _ Type of Structure (in square feet) One, one and one-half 1,500* story, two story, two and one-half story residences *Those residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet. D. Depth of front yard, feet 15; except that the minimum depth of the front yard on a cul-de-sac shall be 10 feet. E. Depth of rear yard, feet . . . . . . . . . . . . F. Width of side yard on one . . . . . . . . . . . side only, feet G. Width of side yard adjacent . . . . . . . . . . to side street, feet H. Width of lot, feet . . . . . . . . . . . . . . (measured at front building line) 0101 -124- 15 8 15 45 I. Depth of lot, feet . . . . . . . . . . . . . . 105 (measured at the midpoint of the frontage) OFF-STREET PARKING: Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: No off-street loading is required in the R -Summit District for residential uses. Off- street loading for conditional uses may be required as determined by the Planning and Zoning Commission and Town Council. 0 1 0 1 j -125- Section 16. PD Planned Development District Regulations. PURPOSE: In certain instances, the purposes of the zoning ordinances may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the Zoning Map or the district regulations prescribed by this ordinance or the subdivision ordinance. A planned developement (PD) is on tracts of land of not less than 5 nor more than 250 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well planned comprehensive developments, and provide for variety and flexibility in the development patterns of the Town which promote the health, safety, morals and general welfare of the community. The Town Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission under the procedure established herein. USES GENERALLY: In a PD Planned Development District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as part of an approved Planned Development: 1. All uses permitted in the districts included herein, as follows: (a) R-12 Single Family Residential District (b) R-10 Single Family Residential District (c) R-7.5 Single Family Residential. District (d) CG Commercial General District (e) CR Commercial Recreation District (f) GU Governmental Use District 2. Other uses that lend themselves to planning concepts that may not be allowed in other zoning districts. B. ACCESSORY USES: Any accessory use permitted within the districts in paragraph A. above shall be permitted as accessory uses to a principal use provided that no accessory use permitted in the R-12, R-10 and R-7.5 Single Family Residential Districts shall be a source of income to the owner or occupant of the principal use. 0 0 7 5 j -126- C. CONDITIONAL USES: Any conditional use permitted within the permitted uses listed in paragraph A. above may be permitted provided the provisions of section 23 of this ordinance are met and a conditional use permit is issued. D. PROHIBITED USES: 1. Any building erected or land used for other than the use shown on the Site Plan, as approved by the Town Council. 2. Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width, or exceeds the maximum height, building coverage or density per gross acreage as shown in the development's recorded Site Plan, as approved by Town Council. 3. Any use deemed by the Town Council as being detrimental to the health, safety, or general welfare of the citizens of Trophy Club. DENSITY, AREA AND HEIGHT REGULATIONS: The following density, area and height regulations shall apply: A. Density, area and height regulations for each use shall meet or exceed the maximum and minimum standards �— applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted or as listed in this section, or demonstrate that the intent of the standards has been met in accordance with good planning practices. B. Modification of the density, area and height regulating contained in this ordinance may be allowed by the Planning and Zoning Commission and the Town Council when all of the following circumstances are met: 1. The proposed modifications substantially meet the intent of this ordinance, the subdivision ordinance and the Comprehensive Plan. 2. The proposed modification provides for better project design. 3. The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity. 4. The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the City Engineer/Planner. 0 0 7 5 j -127- i 5. Financial reasons shall not be the sole �r reason for modification of standards. C. In approving the Planned Development Ordinance and Site Plan, the Town Council shall, after recommendation by the Planning and Zoning Commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a Planned Development District. Such standards shall be specified in the ordinance establishing the district, and in the Site Plan, which shall be made a part of the ordinance establishing the district. OWNERSHIP: An application for approval of a Site Plan under the Planned Development District regulations may be filed by a person having a legal interest in the property to be included in the Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the Town Attorney, prior to final approval of the Site Plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application. DEVELOPMENT SCHEDULE: An application for a Planned Development district shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the Town Council, shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and his assigns or successors in interest. Annually, or more frequently as required, the Building Inspector shall report to the Planning and Zoning Commission concerning the actual development accomplished as compared with the development schedule. The Planning and Zoning Commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved development schedule, initiate proceedings to amend the Official Zoning Map or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. After the 0 0 7 5 j -128- recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the Town Council may extend the development schedule as may be indicated by the facts and conditions of the case. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. SITE PLAN: No applicant shall be granted development approval and no building permit shall be issued until a Site Plan has been approved by the Town Council in accordance with this section and the subdivision ordinance of the Town. In addition to items required by the subdivision ordinance to be shown on the Site Plan, the following items shall also be shown on the Site Plan: A. The location of all commercial or business curb cuts; B. The location of pedestrian walkways; C. The location of all street lights; and D. The location of all fire hydrants. 0 0 7 5 j -129- r_ Section 17. CG Commercial General District Regulations. PURPOSE: The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. USES GENERALLY: In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. Hours of operation for the uses hereinafter enumerated shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Professional Office. Professional office uses shall include: _- (a) Administrative, executive and editorial offices for business, professional or industrial organizations. (b) Professional offices for the conduct of the following professional and semi-professional occupations: Accountant, architect, attorney, physician, dentist, engineer, insurance agent, personal or family counselor, public secretary, or any other office of profession which is of the same general character as the foregoing. 2. Limited Business. All merchandise in a limited business use shall be displayed inside the premises. Limited business uses shall include: (a) Grocery stores and food markets, bakery shops, confectionary shops (candy, nuts, etc.), ice cream shops and dairy food stores, for retail sale only. (b) Drug stores, apothecary and pharmacies, bookstores, stationery and variety goods shops. 0 0 7 5 j -130- (c) Jewelry and watch stores. �! (d) Florist shops -retail sales only. (e) Camera and photo services. (f) Arts, crafts and hobby shops. (g) Household furnishing and fixtures. (h) Wallpaper and paint stores. (i) Antique shops. (j) Hardware and domestic household appliance stores. All merchandise must be displayed inside premises. (k) Bicycle shops excluding motorcycle shops. (1) Wearing apparel shops. (m) Electrical goods and fixtures stores, excluding outside display or storage. (n) Sporting goods stores. (o) Fabrics and knitting shops. (p) Video and electronics -retail sales only. (q) Restaurant (excluding drive-in or drive-through, private clubs, lodges or fraternal organizations), including alcoholic beverage sales provided a conditional use permit is issued in accordance with section 23 of this ordinance. The sale of alcohol in association with food shall not exceed 400 of gross sales. Provided, however, that the requirements of Section 21.B. of this Ordinance relating to the sale of alcoholic beverages shall be complied with. 3. Personal Service. Personal Service uses shall include: (a) Barber and beauty shops and salons. (b) Music, art, dance and photographic services and studios. 0 0 7 5 -131- (c) Health, athletic and weight reducing "! studios, but excluding massage parlors. The term "massage" means any process consisting of kneading, rubbing, or otherwise manipulating the skin of a body of the human being, either with the hand of other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operated only under such physician's direction. The term "massage" shall not include massages authorized by the .state in beauty shops and barber shops staffed by licensed barbers and beauticians. The term "massage parlor" means any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction. (d) Travel bureau offices. (e) Duplication and mailing services. (f) Dry cleaning and dyeing establishments and plants for apparel, curtains, drapes, rugs and carpets, provided the gross floor area does not exceed two thousand five hundred (2,500) square feet. (g) Printing, publishing' and engraving establishments, provided the gross floor area does not exceed two thousand five hundred (2,500) square feet. (h) Medical, dental, chiropractic, optometry and podiatry offices and clinics. (i) Allied service facilities such as medical, surgical, dental or optometry laboratories. 0 0 7 5 j -132- B. ACCESSORY USES: The following uses shall be permitted as accessory uses, provided that such use shall be located not less than twenty (20) feet from any street right-of-way: 1. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 2. Parking of automobiles, provided that such facilities that are within sixty (60) feet of a residentially zoned district shall be separated from said district by a blind fence or wall at least eight (8) feet high or a berm of at least four (4) feet high. 3. Accessory buildings incidental to the use provided the same is properly screened and provided they conform to the standards set forth in Section 21.C. of this ordinance. 4. Signs subject to the provisions of the Town Sign Ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 23 of this ordinance, and a Conditional Use Permit is issued: 1. Any use which is a permitted use where more than 40,000 square feet of space will be used. D. LIMITATION OF USES: Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless:. 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located; 2. A Site Plan, meeting the requirements of the Town Subdivision Ordinance has been approved; and 3. A Landscape Plan, meeting the requirements of section 27, has been approved. DENSITY REGULATIONS: None. 0 0 7 5 j -133- HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 20 feet or one (1) story in height. AREA REGULATIONS: The following minimum standards shall be'required, measured from property lines:. A. Minimum Open Space . . At least twenty percent (20%) of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage or vehicular use.) B. Maximum Building . . . . . The combined area by Coverage all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. C. Maximum Impervious . Area The combined area occu- pied by all buildings, structures, off-street parking and paved areas shall not exceed eighty (80%) percent of the total lot area. D. Depth of front yard, feet*** . . . . . . . . . 30 E. Depth of rear yard, feet*** . . . . . . . 30 (No rear yard shall face any street) F. Width of side yard on each 15 (where two (2) or more side, feet*** . . . . . . lots are to be used as one, the side yard set- back requirement shall not apply to the interior lot lines) G. Width of lot, feet . . . . . . . . . . . . . . 100 0 0 7 5 j -134- H. Depth of lot, feet . . . . . . . . . . . . . . 120 I. Corner lots . . . . . . . . Development shall take place in accordance with Section 21.D. of this ordinance. ***All required yards shall comply with Section 21.F. of this ordinance. BUFFERED AREA REGULATIONS: Whenever a CG Commercial General development is located adjacent to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance and all other applicable ordinances of the Town. OFF-STREET LOADING: Off-street loading shall be provided as required by section 30 of this ordinance. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with section 27 of this ordinance. DESIGN REQUIREMENTS: The following design requirements shall apply in the CG District: A. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. B. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. C. Lighting shall be designed to reflect away from any adjacent residential area. D. The masonry requirements of section 28 shall be met. 0 0 7 5 j -135- ;- Section 18. CR Commercial Recreation District Regula- tions. PURPOSE: The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, designed and sited to be compatible with the recreational use. USES GENERALLY: In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Golf Course, private. 2. Stable, private. 3. Swimming Pool, private. 4. Tennis Courts, private. 5. Country Club, private. 6. Public utility uses required to service the district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses provided that none shall be a source of income to the owner or user of the principal use: 1. Off-street parking in connection with any use permitted in this district. 2. Cabana, pavilion or roofed area. 3. Signs subject to the provisions of the Town Sign Ordinance. 4. Uses and structures which are customarily accessory and are clearly incidental to the permitted and conditional uses and structures. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 22 of this ordinance, and a Conditional Use Permit is issued: 1. Restaurant (private), including alcoholic beverage sales, provided a conditional use permit is 0 0 7 5 j -136- issued in accordance with section 23 of this ordinance. Drive-in and drive-through restaurants shall not be allowed. 2. Caretaker or guard residence. D. LIMITATION OF USES: Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. DENSITY REQUIREMENTS: None. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed 30 feet or two (2) stories in height. MINIMUM OPEN SPACE: All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordinances of the Town. BUFFERED AREA REGULATIONS: Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, 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. SITE PLAN: No application for a building permit for any construction shall be approved unless a Site Plan meeting the requirements of the Town subdivision ordinance has- been approved. LANDSCAPE PLAN: No application for a building permit for any construction shall be approved unless a Landscape Plan in accordance with the requirements of section 27 has been approved. DESIGN REQUIREMENTS: The following design requirements shall apply in the CR District: 0 0 7 5 j -137- 1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view. 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. The masonry requirements of section 27 shall be met. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of section 29 of this ordinance. OFF-STREET LOADING: Off-street loading shall be provided in accordance with section 30 of this ordinance. 0 0 7 5 j -138- Section 19. GU Governmental Use District Regulations. PURPOSE: The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the Comprehensive Master Plan. USES GENERALLY: In a a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: a. Parks, playgrounds, and recreation areas. b. Government, administrative and judicial buildings. C. Public schools and libraries. d. Other public facilities of a like nature, including fire and police stations. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: 1. Uses and structures which are customarily accessory and are clearly incidental and subordinate to the permitted uses and structures. 2. Signs subject to the provisions of the Town Sign Ordinance. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of section 22 of this ordinance and a Conditional Use Permit is issued: 1. Government maintenance facilities. 2. Public utility facilities. 3. Detention facilities. 0 0 7 5 j -139- D. LIMITATION OF USES: Any use not expressly permitted or allowed by permit herein is prohibited. PLAN REQUIREMENTS: No application for a building permit for the construction of a building or structure shall be approved unless: 1. A plat, meeting all requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the official records of the County in which the property is located. 2. A Site Plan, meeting the requirements of the subdivision ordinance of the Town has been approved; and 3. A Landscape Plan, meeting the requirements of Section 27, has been approved. DENSITY REGULATIONS: None. HEIGHT REGULATIONS: Except as provided by Section 21.E. of this ordinance, no building shall exceed 35 feet or two (2) stories in height. AREA REGULATIONS: The yard requirements shall not be less than the requirements of the most restrictive abutting property. A. Lot Size . . . . . . . . . B. Minimum Open Space . . . None. All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all develop- ments shall reserve open space in accordance with the Town Park Land Dedication Ordinance and other applicable ordi- nances of the Town. C. Maximum Building . . . . . . The combined area by Coverage all main and accessory buildings and structures shall not exceed sixty - percent (60%) of the total lot area. 0 0 7 5 j -140- D. Maximum Impervious . . . . . Area E. Minimum Floor Area . . . . . F. Front, Rear and Side Yard. Requirements G. Corner Lots The combined area occupied by all build- ings, structures, off- street parking and paved areas shall not exceed eighty-five percent (85%) of the total lot area. None. The yard requirements shall not be less than the requirements of the most restrictive abut- ting property. Required yards shall comply with Section 21.F. of this ordinance. Development shall take place in accordance with Section 21.D. of this ordinance. BUFFERED AREA REGULATIONS: Whenever any conditional use that is allowable in the GU Governmental Use District abuts a I— residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of section 24 of this ordinance. OFF-STREET PARKING: Off-street parking shall be provided in accordance with section 29 of this ordinance. OFF-STREET LOADING: No off-street loading is required in the GU District.. MASONRY REQUIREMENT: The masonry requirements of section 28 shall be met. 0 0 7 5 j -141- Section 20. Historic Landmark. HISTORIC LANDMARK: Any zoning district desingation appearing on the Zoning District Map may be followed by the suffix "H" indicating a Historic Landmark subdistrict. Such subdistrict may include buildings, land, area, or districts of historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education, and welfare of the people. The "H" designation shall apply to those premises, lots, or tracts designated through the procedures set forth herein. Additional uses may be permitted in any specific "H" subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict. HISTORIC LANDMARK - DEFINED: As used in this section, the term "Historic Landmark" shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the Town Council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and welfare of the people. DECLARATION OF POLICY: The Town Council hereby finds and declares as a matter of public policy that the protection, enhancement preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. HISTORIC LANDMARKS - DESIGNATION: The Town Council may designate certain buildings, land, areas and districts in the Town as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land. After all notice requirements of State zoning statutes, Tex. Rev. Civ.Stat. Ann. Art. 1011a through 1011f, as amended, have been complied with and all required public hearings have been conducted pursuant to said State statutes, and this ordinance, and upon receipt of the Planning and Zoning Commission's recommendation, the Town Council may designate the building, land, area or district with the "H" suffix. The suffix "H" shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the Town Council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in this ordinance. All Zoning District Maps shall reflect the designation of a historical landmark subdistrict by the letter "H" as a suffix. 0 0 7 5 j -142- HISTORIC LANDMARKS - CRITERIA: In making an historic (" landmark designation as set forth in the immediately preceding paragraph, the Town Council and the Planning and Zoning Commission -shall consider one or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristic of the Town of Trophy Club, State of Texas or the United States; 2. Identification with a person or persons who significantly contributed to the culture and development of the Town; 3. Location as the site of a significant historic event; 4. Exemplification of the cultural, economic, social or historical heritage of the Town; 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif; 6. Unique location of singular physical characteristics representing an established and familiar - visual feature of a neighborhood or community of the Town; and 7. Value as an aspect of community sentiment or public pride. REMOVAL, DEMOLITION OR SUBSTANTIAL ALTERATION OF A HISTORIC LANDMARK: No historic landmark designated as such pursuant to the procedures set forth herein shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the Town Council. If an application for such a permit is received by the Town Secretary for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the Town Council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by the Town Secretary. After the public hearing, the Planning and Zoning Commission shall recommend to the Town Council whether to grant or deny the application. 0 0 7 s j -143- COUNCIL ACTION: The Town Council shall consider the r Planning and Zoning Commission's recommendation within thirty days of passage of same. The Town Council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The Council's action shall be final. PRESENT USE NOT AFFECTED: Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Comprehensive Zoning Ordinance of. the Town. PENALTY: It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate; restore, demolish, raze or maintain any historic landmark in violation of this ordinance. 0 0 7 5 j -144- ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS Section 21. Supplementary District Regulations. A. TEMPORARY USES: 1. The following uses, which are classified as temporary uses, may be permitted by the Town Council in any district not to exceed a period of thirty (30) days except for (g) which shall be issued for a period of one year or less, subject to compliance with all other applicable Town ordinances: (a) Carnivals. (b) Circus. (c) Fairgrounds. (d) Religious assemblies. (e) Sports events. (f) Political rallies. (g) Concrete mixing. or batching plant used temporarily by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. (h) Armed forces displays. (i) Educational or informational displays. (j) Temporary sales of merchandise by nonprofit organizations. 2. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for (A)(1)(g) which shall not be located closer than one thousand (1,000) feet to a developed residential district. 3. A permit for the temporary use of any property for the above listed uses shall be secured from 0 0 7 5 j -145- the Town Secretary prior to such use after approval by the Town Council. 4. Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel of property is located. 5. Permission may be granted for a period not to exceed seven (7) days by the Town Council as a special privilege to civic organizations and other nonprofit organizations to allow temporary uses (A)(1)(a), (b), (c), (d), (e), (h), (i) and (j) which shall not be located closer than sixty (60) feet to a residential district. B. SALE OF ALCOHOLIC BEVERAGES: 1. Notwithstanding any other provision of this ordinance, the storage, possession, sale, serving or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted.by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: DEFINITIONS. For the purpose of this ordinance the following words and phrases shall have the meanings ascribed to them as follows: (a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (b) RESTAURANT shall mean a restaurant or eating establishment whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty (60) percent of total sales. 2. The storage, possession, sale or serving of alcoholic beverages by any party for either on premises or off premises consumption, shall be illegal unless on property zoned specifically for that purpose as a 0 0 7 5 j -146- conditional use in accordance with and pursuant to Section 22 of this ordinance. 3. No party shall sell or serve alcoholic beverages for on premises consumption as the holder of a mixed beverage or private club permit except in a operating pursuant to a Conditional Use Permit issued in accordance with and pursuant to Section 23. 4. The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on premises consumption shall on an annual basis, no, later than the thirtieth day of the month following (12) months of operation, file with the Town Secretary an affidavit, on an officially approved form provided by the Town Secretary, that reflects gross sales for the preceding twelve (12) months, breaking down the sales of food, alcoholic beverages and other items. The party shall also file on an annual basis, at the same time the affidavit is filed, a copy of the filing supplied to the State of Texas for sales tax and alcoholic beverage tax purposes. 5. A certificate of occupancy shall be issued by the Town's building inspection department at such time as the party complies with all aspects of this zoning ordinance and all other applicable ordinances. No certificate of occupancy may be assigned or transferred and the same is valid only as to the recipient. No party may operate a restaurant or private club that is zoned pursuant to this section and section 23 of this ordinance without a valid and current certificate of occupancy. (a) The Town Building Official, upon receipt of information from the Town Secretary that the holder of a certificate of occupancy under this section has failed to comply with one or more of the requirements, may cancel and terminate the party's certificate of occupancy by giving the party written notice that specifies the violation. The notice requirement from the Town shall be satisfied by placing said notice in the United States mail addressed to the last address provided to the Town by the entity or party that holds a certificate of occupancy. The notice from the Town shall state that the certificate of occupancy shall be cancelled unless the party or entity corrects the violation within thirty (30) days of receipt of the notice except as hereinafter set out. However, a party or entity that submits an 0 0 7 5 j -147- annual report pursuant to this section that does not satisfy the sixty (60) percent requirement relating to food sales shall have the alternative of filing monthly reports. for a period of six (6) months. The monthly reports shall contain the same information and be in the same form as the annual reports except that said monthly reports shall reflect a cumulation of total sales for the preceding twelve-month period reflected in the annual report added to the monthly sales. (b) The party or entity submitting the monthly reports shall be deemed to have satisfied the requirements of this section if the monthly reports on or before the filing of the final sixth month report show gross sales from food to be at least sixty (60) percent of total sales. (c) Failure to file the monthly reports or failure to satisfy the food sales requirements by the end of the six-month period shall result in cancellation of the certificate of occupancy without the necessity of further notice. C. ACCESSORY BUILDINGS: An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply (— in all respects with the requirements of this ordinance applicable to the main building. Unless so attached, an accessory building in a residential zoning district shall be located on the rear one-half of the lot and 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 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. No accessory building shall be located nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. A garage, detached from the main building, may be located no nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. A garage permitted as an accessory use in a residential district shall be a minimum of 21 feet by 22 feet, and be constructed so as to accommodate the enclosed parking of at least two automobiles. Provided, however, that this subsection shall not be applicable to Sections 15A through 15V of this Ordinance. D. CORNER LOTS: On corner lots, the side yard on the street side shall be the same as required for the front, except on corner lots adjacent to a segment of a side street upon 0 0 7 5 j -148- which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be fifteen (15) feet. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of twenty-eight (28) feet nor to prohibit the erection of an accessory building on such lot where the regulation cannot be reasonably complied with Provided, however, that this subsection shall not be applicable to Sections 15A through 15V of this Ordinance.. E. HEIGHT LIMITS: Height limitations stipulated elsewhere in this ordinance shall be modified as follows: 1. Chimneys, water towers, monuments, cupolas, church spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the Town. 2. The height of any building or structure except as noted above, shall in all instances be measured vertically at any point directly to the natural grade existing prior to any site preparation, grading or filling. F. REQUIRED YARDS: 1. Where the front or side yards facing one side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block. 2. If thirty (30) percent or more of the frontage on one side of a street between two (2) intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half (1 1/2) times the depth of the front yard otherwise required. 3. The Planning and Zoning Commission may recommend and the Town Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater set back depth. 4. The face (door) of a private garage, either attached or detached, shall not be located closer than 0 0 7 5 j -149- twenty (20) feet to any side or rear lot line in any r ^( residential district. Provided, however, that no face (door) of a private garage constructed on a lot abutting a golf course shall face the golf course. 5. When the owner of two (2) or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines, he shall make application with the Town Secretary for a building permit and in the application he shall state which lots are involved, provide information which shows any easement, drainage swell, or other natural or man-made obstruction on or along the side yard lot line which is to be covered by the structure, and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as to construction of a principal use structure or accessory use structure over an interior side yard lot line, the side yard setback requirements may be waived and a building permit may be issued for construction of a principal or accessory use structure over an interior lot line. In no event shall the exterior side yard setback requirements be violated and no more than one principal structure plus those accessory uses set forth in the above residential zoning districts shall ever be constructed upon two (2) or more lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, no structure shall be constructed thereon nor shall it be added to another lot until it has been replatted to combine it with another lot or lots as permitted by Article 974a, Vernon's Annotated Texas Civil Statutes, as amended. 6. Playgrounds shall be located in the required rear yard. 7. This subsection shall not be applicable to Sections 15A through 15V of this Ordinance. G. PROJECTIONS INTO REQUIRED YARDS: Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows: 1. Cornices, eaves and sills not more than two (2) feet into any required yard. 2. Balconies, bay windows and chimneys not more than three (3) feet into front yards, or two (2) feet into side and rear yards. 3. Patios and open porches may be located no closer than six (6) feet to any side yard property line nor closer than ten (10) feet to the rear property line. 0 0 7 5 j -150- In the case of a corner lot, patios or porches shall be subject to the regular street side yard requirements of the district. 4. RESERVED 5. An open fire escape not more than three and one-half (3 1/2) feet into rear yards, provided that such structure does not obstruct ventilation or light. 6. Any fence, wall, hedge, shrubbery, etc., no higher than a base line extending from a point two and one-half (2 1/2) feet above front walk grade to a point four and one-half (4 1/2) feet above walk grade at the depth of the front yard, and single trees having single trunks which are pruned to a height of seven (7) feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery, etc. on the side street except that the Town Council may, by special ordinance, permit the construction of a fence not to exceed six (6) feet in height, which does not project more than five (5) feet into the required side yard setback area. 7. No mechanical equipment designed or f� manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or motors' of five (5) horsepower or more installed in a residentially zoned district, CG or CR district shall be permitted in the required side yard or rear yard abutting a - residentially zoned district. H. RIGHT-OF-WAY AND REQUIREMENTS: Right-of-way and made in accordance and comply ordinance and Comprehensive Plan. EASEMENT DEDICATION easement dedication shall be with the Town subdivision 0 0 7 5 j -151- Section 22. Nonconforming Uses and Structures. Hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming structure, shall be constructed upon, erected, enlarged, changed, altered or repaired, except in conformity with the following regulations: A. TYPES OF NONCONFORMITY: Any use of land, buildings or structures which does not conform to use regulations prescribed in this ordinance shall be deemed to be a nonconforming use. B. NONCONFORMING STATUS: Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height or area requirements in the district in which it is located. A nonconforming status under the provisions of this ordinance shall exist.: 1. When a use or structure, which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located, and operating on the effective date of this ordinance and has since been in regular and continuous use; or 2. When a use or structure, which does not conform to the regulations prescribed in the district in ( whi-ch such use or structure is located, was in existence at the time of annexation to the Town of Trophy Club and has since been in regular and continuous use. C. TERMINATION OF NONCONFORMING USES: 1. A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. 2. The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances. (a) Whenever a nonconforming use is abandoned, all nonconforming right shall cease, and the use of the premises shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued, or which remains vacant, for a period of six (6) months shall be presumed to have been abandoned. 0 0 7 5 j -152- (b) The violation of any of the provi- sions of this ordinance or violation of any ordinance of the Town of Trophy Club with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. (c) Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district. (d) Whenever a nonconforming use is changed to a conforming use under the provisions of this section. (e) Whenever the building or structure in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than sixty (60) percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate. (f) The right to maintain or operate a nonconforming use may be terminated by the Board of Adjustment in accordance with provisions of section 34. of this ordinance. D. CHANGING NONCONFORMING USES: 1.- Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use. 2. The Board of Adjustment may grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted, or provided that such change is to a use permitted in a more restrictive classification. Upon review of the facts in accordance with section 35, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 3. The Board of Adjustment may approve the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 0 0 7 5 j -153- ( E. LIMITATIONS ON CHANGING NONCONFORMING USES: No j nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the requirements of sections 29 and 30. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing on the effective date of this ordinance. No nonconforming use may be expanded or increased beyond the lot or tract. upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment. All nonconforming uses being expanded under the provisions of this ordinance shall comply with the other applicable provisions of this ordinance. F. TERMINATION OF NONCONFORMING STRUCTURES: 1. In the event of damage or destruction of a nonconforming structure to the extent of sixty (60) percent of the replacement cost of such structure on the date of such damage, such nonconforming structure may be rebuilt only after public hearing and favorable action by the Board of Adjustment as provided by sections 22 and 35. 2. Whenever a nonconforming structure is determined to be obsolete, dilapidated or substandard by the Board of Adjustment, the right to operate, occupy, or maintain such structure may be terminated by action of the Board of Adjustment as provided in sections 22 and 34, and such structure shall be demolished. G. SPECIAL REGULATIONS FOR PUBLIC AND DENOMINATIONAL SCHOOLS: All public and denominational schools having a curriculum equivalent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, which are built and existing on the effective date of this ordinance, shall be considered as conforming to the provision of this ordinance. In the event such school building has been constructed with smaller front yards or rear yards, or with greater coverage or area require- ments than herein specified, such building may be altered, remodeled, enlarged, or increased in height, but no provisions herein shall be construed so as to require greater yards, or lesser coverage or area requirements than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the uniform building code. 0 0 7 s j -154- ARTICLE V. CONDITIONAL AND SPECIAL USES Section 23. Conditional Uses. A. PURPOSE: In each zoning district there are some rises which would be appropriate in some but not all locations within the district. Typically, these are uses that may have some special impact or uniqueness which require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. In this ordinance such uses are classified as conditional uses and before they may be established, the Planning and Zoning Commission must, based upon findings of fact derived from evidence received at a public hearing, recommend approval and the Town Council must, by ordinance, approve the establishment of the use. B. AUTHORIZATION: The Planning and Zoning Commission may recommend, and the Town Council may authorize, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized unless this ordinance specifically authorizes such conditional use to be granted and unless such grant complies with all of the applicable provisions of this ordinance. C. INITIATION: An application for a conditional use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the conditional use permit is sought shall be accompanied by evidence of the consent of the owner. D. APPLICATION FOR CONDITIONAL USE PERMIT: An application for a conditional use permit shall be filed in duplicate with the Town Secretary, or such other official as she may designate, who shall forward without delay one copy to the Planning and Zoning Commission. The application shall contain a site plan in accordance with the Town's subdivision ordinance and the following information, as well as such additional information as may be prescribed by rule of the Commission or the Town Secretary: 1. The applicant's name and address and his interest in the subject property; 0 0 7 4 j -155- 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. The particular provision of this ordinance authorizing the proposed conditional use; 6. A general description of the proposed conditional use; 7. An application for site plan approval, as required by the subdivision ordinance; 8. A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations; 9. A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; 10. A statement as to how the proposed conditional use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. E. HEARING ON CONDITIONAL USE PERMIT APPLICATION: A public hearing on the application shall be held and notice thereof given in the manner and form required for amendments as set out in section 33 of this ordinance and as provided by State law. F. STANDARDS: As application for a conditional use permit shall be granted only if evidence is presented at the public hearing which establishes: 1. That the proposed conditional use will be consistent with the adopted policies in the Comprehensive Plan of the Town of Trophy Club; 2. That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent 0 0 7 4 j -156- property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 3. That the proposed conditional use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed conditional use will so dominate the immediate neighborhood, consideration shall be given to: (a) the location, nature and height of building, structures, walls, fences on the site, and (b) the nature and extent of landscaping and screening on the site; 4. That the proposed conditional use complies with all applicable regulations of this ordinance, including lot size requirements, use limitations, and performance standards; 5. That the proposed conditional use at the specified location will contribute to or promote the welfare or convenience of the public; 6. That off-street parking and loading areas will be provided in accordance with the standards set out in sections 29 and 30 of this ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 7. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 8. That the proposed conditional use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 0 0 7 4 j -157- 9. That the proposed conditional use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance; 10. That the proposed conditional use will comply with any additional standards imposed on it by the particular provision of the ordinance authorizing such use. G. 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 in this section 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. H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS: Whenever any conditional use permit authorized pursuant to this Section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Town Secretary so stating. I. EFFECT OF ISSUANCE OF A PERMIT FOR A CONDITIONAL USE: The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town, including, but not limited to, a building permit, a certificate or occupancy and subdivision approval. J. PERIOD OF VALIDITY: No conditional use permit shall be valid for a period longer than one (1) year from the date on which the Town Council grants the conditional use, unless within such one (1) year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an occupancy permit is obtained and a use commenced. The Town Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a conditional use permit. 0 0 7 4 j -158- Section 24. Special Use Permits. A. PURPOSE: The special use permit procedure is designed to provide the Planning and Zoning Commission and the Town Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon, the health, safety, and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary special use permit procedure is designed to enable the Planning and Zoning Commission and the Town Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a special use permit when it is apparent that a proposed use or structure will or may occasionally harm the community or injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. AUTHORIZED SPECIAL USES: The following uses and structures may be established or constructed only upon the issuance of a special use permit in accordance with the provisions of this section. 1. Radio, television, or microwave towers in any commercial district. 2. Public utility distribution facilities and equipment in any district. 3. Microwave antennas and receivers in any district. 4. Privately owned and operated children's playgrounds as the term "playground" is defined in this Ordinance. 5. Flagpoles. C. APPLICATION: An application for a special use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed.by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. D. CONTENTS OF APPLICATION: An application for a special use permit shall be filed in duplicate with the Town 0 0 7 4 j -159- Secretary, or such other official as she may designate, who shall forward without delay one copy to the secretary of the Planning and Zoning Commission. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Commission: 1. The applicant's name, and address and his interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. A description of the proposed special use: 6. An application for site plan approval, as required.by the subdivision ordinance of the Town; 7. A statement as to why the proposed special use will not cause substantial injury to the value, use -( or enjoyment of other property in the neighborhood; 8. A statement as to how the proposed special use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected; 9. An identification of any potentially adverse effects that may be associated with the proposed special use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. E. HEARING ON SPECIAL USE PERMIT APPLICATION: A public hearing on an application for a special use permit shall be held and notice thereof given in the manner and form required for amendments as set out in section 34 of this ordinance and as required by State law. F. In considering an application for a special use permit, the Planning and Zoning Commission and the Town Council shall take into consideration the following factors: 0 0 7 4 j -160- 1. Whether the proposed special use will << adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site; 2. Whether the proposed special use will adequately provide for safety from fire hazards, and have effective measures of fire control; 3. Whether the proposed special use will adequately protect adjacent property from flood or water damage; 4. Whether the proposed special use will have noise producing elements; 5. Whether the glare of vehicular and stationary lights will affect the established character of the neighborhood; 6. Whether the location, lighting and type of signs and the relationship of signs to traffic -control is appropriate for the site; 7. Whether such signs will have an adverse affect on adjacent properties; 8. Whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use; 9. Whether the proposed special use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 10. Whether the proposed special use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed special use will so dominate the immediate neighborhood, consideration shall be given to: (a) the location, nature and height of buildings, structures, walls, and fences on the site; and (b) the nature and extent of landscaping and screening on the site. 0 0 7 4 j -161- 11. Whether the proposed special use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; 12. Whether the proposed special use at the specified location will contribute to or promote the welfare or convenience of the public; 13. Whether off-street parking and loading areas will be provided in accordance with the standards set out in sections 29 and 30 of this ordinance, and such areas will be screened ' from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 14. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 15. Whether the proposed special use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 16. Whether the proposed special use will result in the destruction., loss or damage of any natural, scenic or historic feature of significant importance. G. CONDITIONS AND RESTRICTIONS: In considering a special use permit application, the Planning and Zoning Commission may recommend, and the Town Council may impose, such conditions, safeguards and restrictions upon the premises benefited by the special use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such special 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 special use permit. H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS: Whenever any special use permit authorized pursuant to this section is made subject -to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Town Secretary so stating. 0 0 7 4 j -162- I. EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIAL USE: The issuance of a permit for a special use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the Town, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. PERIOD OF VALIDITY: No special use permit shall be valid for a period longer than one (1) year from the date on which the Town Council grants the special use, unless within such one (1) year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an occupancy permit is obtained and a use commenced. The Town Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a special use permit. 0 0 7 4 j -163- ARTICLE VI. DEVELOPMENT AND DESIGN STANDARDS Section 25. Screening and Fencing. A. PURPOSE: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. Provided, however, that nothing in this section shall be deemed to repeal any provision of the Town fence ordinance, and all provisions of said ordinance shall be complied with and are hereby ratified, verified, approved and affirmed. B. SCREENING STANDARDS: The following screening standards shall be complied with: 1. Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. 2. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced by the non-residential use so as to obscure the view from the residential lot, use or district to the non-residential use to a height of eight feet. Where the district boundary dividing a residential district from a non-residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than 3-1/2 feet. 3. In non-residential areas, garbage, refuse and trash collection/storage areas shall be fully screened from view by a fence or wall of at least eight (8) feet in height. 4. Off street loading areas shall be adequately screened from view of any residential dwelling from any other adjacent land use. 5. In any district, exterior appliances and equipment shall be screened so as not to be visible from any street. 0 0 7 4 j -164- 6. On lots abutting a golf course in residentially zoned areas, screening along the golf course shall be limited to a see-through ornamental metal fence. 7. Screening, as herein referred, shall mean any of the following: a. Any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than 30% open; or b. Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition. C. A solid wood fence. 8. No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a. traffic hazard to or on any public or private street, alley or driveway. Provided, however, that the natural. existing terrain which cannot be removed by reasonable landscaping techniques including retaining walls constructed below or at the same grade line of said natural existing terrain shall be excluded from the objects otherwise prohibited. 9. Landscaped earth berms may, when appropriate in scale, be used as a screening element in lieu of a fence, wall, hedge or other dense planting material. 10. Fences, walls, hedges- Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element not to exceed six feet in height, provided the following shall be observed: a. Nothing shall be erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if 0 0 7 4 j -165- there is no curb then from the average street I' grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point 35 feet from the street intersection on one street right-of-way line with a corresponding point on the other street right-of-way line, as indicated in the diagram below. Any object so erected, placed, planted or maintained shall be prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard. center line of street Street right-of-way (property line) No vision Obstruction above 2-1/2 feet nor less than 8 feet above grade of street curb b. At interior lots - on an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property. C. Any object or combination of objects, placed, planted or maintained in violation of this ordinance, shall be removed upon written notice by certified mail from the Town Marshal of the Town of Trophy Club, or his representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained. C. MAINTENANCE: All required screening materials shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, 0 0 7 4 j -166- watering, mowing, weeding, and other such activities common to r the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. D. ADDITIONAL SCREENING, FENCING, LANDSCAPING: The Planning and Zoning Commission may recommend and the Town Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. E. PERIMETER FENCING: A wall or fence in accordance with this ordinance and all other applicable ordinances of the Town shall be constructed on property lying along the perimeter of the Town in conjunction with development of that property, unless otherwise approved by the Planning and Zoning Commission. Where a tract of land has been platted or is owned under single ownership or under single control, as described in section 15 of this ordinance under "Ownership," which tract of land touches any part of the perimeter or corporate limits of the Town, the owner, subdivider or developer of that tract of land shall build, erect or place a wall or fence at least six (6) feet in height upon the sale of any lot, or the commencement of construction or the development of any kind upon the said tract of land, within 1,000 feet of the perimeter of the Town. A 'fence construction permit shall be applied for by the said owner, subdivider or developer at the same time any such lot is sold or a building permit is sought. 0 0 7 4 j -167- Section 26. Tree Preservation. A. PURPOSE: The purposes of this section are to establish rules and regulations governing the protection of trees and vegetation cover within the Town of Trophy Club, to encourage the protection of healthy trees and vegetation and to provide for replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. The provisions of this section allow trees located within necessary public rights of way and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a tree permit. B. DEFINITIONS: The following definitions shall apply to this section: 1. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. 2. DRIP LINE: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 3. HISTORIC TREE: A tree which has been found by the Town to be of notable historic interest because of its age, type, size or historic association and has been so designated a part of the official records of the Town. 4. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 5. SPECIMEN TREE: A tree which has been determined by the Town to be of high value because of its type, size or other professional criteria, and which has been so designated a part of the official records of the Town. 6. TREE: Any self-supporting woody perennial plant which has a trunk diameter of three (3) inches or more when measured at a point of four and one-half (4 1/2) feet above ground level and which normally attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and 0 0 7 4 j -168- many branches. It may appear to have several stems or trunks as in several varieties of oak. 7. YARD AREA: The front, side and rear yard areas as required under the comprehensive zoning ordinance and the zoning district requirements applicable thereto. C. APPLICABILITY: The terms and provisions of this section shall apply to real property as follows: 1. All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, including additions and alterations. 4. The yard areas of all developed property, excluding developed and owner -occupied single-family residential property. D. TREE PRESERVATION PERMIT REQUIRED: No person, directly or indirectly, shall cut down, destroy, remove or move, effectively destroy through damaging any tree, specimen tree or historic tree situated on property described above without first obtaining a tree permit unless the conditions of sections 26.G.1. and 26.G.2. apply. E. APPLICATION: Permits for removal, or replacement of trees covered herein, shall be obtained by making application on a form prescribed by the Town to the Planning and Zoning Commission. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk diameter and height) and common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two copies of a legible site plan drawn to the largest practicable scale indicating the following: 1. Location of all existing or proposed structures, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships. 2. Existing and proposed site elevations, grades and major contours. 3. Location of existing or proposed utility easements. 0 0 7 4 j -169- 4. The location of trees on the site to be removed or replaced. 5. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal or replacement. 6. Application involving developed properties may be based on drawings showing only that portion of the site directly involved, adjacent structures, and landscaping or natural growth incidental thereto. 7. Aerial photographs, at an appropriate scale, may be substituted, at the discretion of the Planning and Zoning Commission, for a site plan if adequate site information is supplied on the aerial photographs. F. APPLICATION REVIEW: Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions and platted lots; said review may include field inspection of the site, and the application may be refer=red to such departments as deemed appropriate for review and recommendations. If the application is made in conjunction with a site plan submitted for approval, the application will be considered as part of the site plan; and no permit shall be issued without site plan approval. Following the review and inspection, the permit application will be approved, disapproved or approved with conditions by the Planning and Zoning Commission, in accordance with the provisions of this section. G. TREE REMOVAL: 1. No tree or trees shall be removed prior to the issuance of building permit unless one of the following conditions exist: a. The tree is located in a utility easement, public street right-of-way, or drainage easement. In the event that certain trees outside the above areas are requested to be removed to allow the operation of equipment, the applicant shall submit a plat and site plan which indicates the exact operation area needed. The Planning and Zoning Commission may approve selected removal under this condition. b. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. 0 0 7 4 j -170- C. The trees are willows or thorn trees. d. Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to issuance of a building permit. 2. Upon issuance of a building permit, developers shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. H. REPLACEMENT: In the event that it is necessary to remove a tree or trees outside the buildable area, the developer, as a condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of 3" caliper and 7 feet in height when planted, and shall be selected from the list of approved replacement trees maintained by the Planning and Zoning Commission from the recommendations of the County Extension Service. At the time of application review, the person responsible for. replacement, time of replacement and location will be determined by the Planning and Zoning Commission. I. TREE PROTECTION: During any construction or land development, the developer or subdivider shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the dripline of any tree. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of tree to remain. No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree. 0 0 7 4 j -171- ( J. EXCEPTIONS: In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Planning and Zoning Commission and the tree may then be removed without obtaining a written permit as herein required. Utility companies franchised by the Town may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner -occupied properties developed for one -family use, disposal of such tree shall be at the option of the property owner. During the period of an emergency such as a tornado, storm, flood or other act of God, the requirements of this ordinance may be waived as may be deemed necessary by the Town Council. K. EXEMPTION: This ordinance shall not apply to any development which has received final plat approval prior to the effective date of this ordinance. A permit shall not be required for a builder to satisfy final grading standards of the building code of the Town of Trophy Club. 0 0 7 4 j -172- Section 27. Landscaping Regulations. A. PURPOSE: It is the purpose of this section to establish certain regulations pertaining to landscaping within the Town. These regulations provide standards and criteria for new landscaping which are intended to promote the value property, enhance the welfare, and improve the physical appearance of the Town. B. SCOPE: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the Town. C. . ENFORCEMENT: The provisions of this section shall be administered and enforced by the Building Official or his designee. If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be non -conforming to the standards and criteria of this section, the Building Official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping required. If the landscaping is not restored within the allotted time, such person shall be deemed to be in violation of this ordinance. D. PERMITS: No permits shall be issued for building, paving, grading or construction until a Landscape Plan is submitted and approved by the Planning and Zoning Commission. In the event that the proposed development requires an approved subdivision plat or site plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. In any case in which a Certificate of Occupancy is sought at a season of the year in which the Planning and Zoning Commission determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of the issuance of the Certificate of Occupancy. E. LANDSCAPE PLANS: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a Landscape Plan shall be submitted to the Planning and Zoning Commission. The Commission shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be 0 0 7 4 j -173- disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping Plans shall be prepared by a landscape architect, landscape contractor or landscape designer, knowledgeable in plants, materials and landscape design; provided, however, that in a residential district, the owner of the home shall be allowed to prepare the Landscape Plan. Landscape Plans shall contain the following information: 1. minimum scale of one inch equals 50 feet; 2. location of all trees to be preserved; 3. location of all plants and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; 4. species of all plant material to be used; 5. size of all plant material to be used; 6. - spacing of plant material where appropriate; 7. layout and description of irrigation, sprinkler or water systems, including placement of water sources; 8. description of maintenance provisions for the Landscape Plan; 9. person(s) responsible for the preparation of the Landscape Plan. F. MAINTENANCE: The Owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. G. GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation: 0 0 7 4 j 1. QUALITY: Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the AMERICAN STANDARD FOR -174- NURSERY STOCK, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. 2. TREES: Trees referred to in this section shall be of species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) feet crown or spread. Trees shall be of a minimum of seven (7) feet in height at time of planting. 3. SHRUBS & HEDGES: Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting. 4. VINES: Vines shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. 5. GROUND COVER: Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. LAWN GRASS: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. 7. CREDIT FOR EXISTING TREES: Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Planning and Zoning Commission, be credited as two trees for the herein minimum requirements. H. MINIMUM REQUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE AREAS: Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards. 0 0 7 4 j -175- 1. INTERIOR LANDSCAPING. A minimum of ten �( (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots: a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area. C. Interior areas of parking lots shall contain planter islands located so as to best relieve the expense of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn,, ground cover and other appropriate material not to exceed three (3) feet in height. Interior planter islands shall have a minimum size of ten (10) by twenty (20) feet. d. The Planning and Zoning Commission may approve planter islands required by this section to be located further apart than twelve parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Commission when the drip line of an existing tree is larger than planter islands required by this section. 2. PERIMETER LANDSCAPING: All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights of way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two (2) feet minimum width planting strip. Plants and materials used in living barriers shall be at least thirty (30) inches high at the time of planting and shall be of a type and species that will attain a minimum height of three (3) feet one year after planting. 0 0 7 4 j -176- Any landscape barrier not containing live plants or trees shall be a minimum of three (3) feet high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights of way and adjacent properties. a. Whenever an off-street parking or vehicular use area abuts a public right of way, a perimeter landscape area of at least fifteen (15) feet in depth shall be maintained between the abutting right of way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right of way shall be permitted through all such landscaping. The maximum width for accessways shall be: fifty (50) feet for non-residential two way movements; thirty (30) feet for residential two way movements; twenty (20) feet for non-residential one way movements; and fifteen (15) feet for residential one way movements. b. Whenever an off-street parking or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least ten (10) feet in width shall maintained between the edge of the parking area and the adjacent property line. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedge, or berm not greater than eight (8) feet in height nor less that three (3) feet in height. C. Perimeter landscape areas shall contain at least one tree for each fifty (50) lineal feet of fraction thereon of perimeter area. I. LANDSCAPING REQUIREMENTS FOR NONVEHICULAR OPEN SPACE. In addition to the landscaping of off-street parking and vehicular -use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements: 1. Grass, ground cover, shrubs and other landscape material shall be used to cover all open ground within twenty (20) feet of any building or paving or other use such as storage. 0 0 7 4 j -177- 2. All structures shall be treated with �( landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. 3. Landscaping shall be provided on each developed lot in accordance with the following standards: a. In all residential zoning districts, a minimum of fifteen (15) percent of the landscaping shall be located in the required front yard. b. In all non-residential zoning districts, a minimum of fifteen (15) percent of the total site area shall be devoted to feature landscaping with not less than fifty (50) percent of the landscaping being located in the required front yard. 4. Trees shall be planted in non -vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements: Percentage of Site in Non -vehicular Open Space Less than 30 30-49 over 50 Tree Ratio per Non- vehicular Open Space 1 tree/2500 sq. ft. 1 tree/3000 sq. ft. 1 tree/4000 sq. ft. J. SIGHT DISTANCE AND VISIBILITY: Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right of way or when the subject property abuts the intersection of 0 0 7 4 j -178- two or more public rights of way, a triangular visibility area, as described in Section 25.B.10.a., shall be created. In the event other visibility obstructions are apparent in the proposed Landscape Plan, as determined by the Building Official, the requirements set forth herein may be reduced to the extent to remove the conflict. 0 0 7 4 j -179- Section 28. Masonry Requirements. All principal and accessory buildings and located in each of the zoning districts herein exterior fire resistant construction having at 1 (80) percent .of the total exterior walls, excl windows and porches, constructed of brick, ston masonry or material of equal characteristics in acc the Town's Building Code and Fire Code. 0 0 7 4 j -180- structures shall. be of east eighty uding doors, e or other ordance with Section 29. Off -Street Parking Requirements. In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street parking space in accordance with the following requirements: A. Minimum off-street parking requirements: The minimum number of off-street parking spaces herein required shall be computed provided in accordance with the following specifications: 1. The number of spaces required shall serve resident, customers, patrons, visitors and employees. 2. Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight (8) feet by twenty-two (22) feet for each parallel parking space and nine (9) feet by eighteen (18) feet for each angular head -in parking space, and shall be designed in accordance with minimum Town standards. 3. All maneuvering for off-street parking shall be accomplished on private property. B. Unclassified use: Where the proposed land use cannot be classified within the uses herein specified, the Town Council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use. C. Number of parking spaces required: The minimum number of off-street parking spaces required shall be as follows: Uses Residential uses: Single-family dwellings; attached, detached, townhouse, duplex Apartment, condominiums triplex, fourplex Institutional uses: Church 0 0 7 4 j Number of Parking Spaces 2-1/2 Required for each Dwelling unit Dwelling unit 1 4 seats in main sanctuary, or for each 28 square feet in the main -181- sanctuary, or for each 200 square feet of building area, whichever is greatest Public, community, health 1 200 sq. ft. of gross welfare center floor area Institution; religious, 1 200 sq. ft. of gross charitable or philanthropic floor area organization Place of public assembly 1 3 seats Day camp, kindergarten, or day nursery 1 5 pupils Governmental office buildings, 1 200 sq. ft. of gross libraries, museums floor area School, elementary 1 20 students (Design Capacity) School, Junior High 1 15 students (Design Capacity) School, Senior High 1 3 students (Design Capacity) School, private 1 10 students Lodge or fraternal organiza- 1 200 sq. ft. of gross tional building floor area Eating or drinking establish- 5 plus 1 Each 3 seats (Design ment, no service to auto Capacity) Office, professional or financial uses: Bank or savings and loan office 1 300 sq. ft. of gross floor area Medical or dental clinics 5 plus 1 150 sq. ft. of gross floor area Office, general 5 plus 1 300 sq. ft. of gross floor area Dance, drama or music studio 1 2 students (Design Capacity) 0 0 7 4 j -182- Professional service, retail uses: Personal service establishment 5 plus 1 Retail establishments in 5 plus 1 buildings Recreation, social and entertainment uses: 200 sq. ft. of gross floor area 200 sq. ft. of gross floor area Indoor commercial amusements 1 Per 100 sq. ft. of enclosed floor area D. Exceptions: Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the building official that parking for two (2) specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. Example: Church and professional office building. 0 0 7 4 j -183- Section 30. Off -Street Loading Requirements. In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street loading facilities in accordance with the following requirements: A. Minimum off-street loading requirements: The minimum number of off-street loading spaces herein required shall be computed and provided in accordance with the following classifications: 1. Any department store, retail establishment, storage warehouse, or wholesale establishment, which has an aggregate gross floor area of ten thousand (10,000) square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve (12) feet wide, fourteen (14) feet high and thirty-five (35) feet long in accordance with the following table: Square feet of aggregate Required number gross floor area of spaces 0 to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 ��- 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each additional 90,000 over 490,000 1 additional 2. Any restaurant arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve (12) feet wide, fourteen (14) feet height and thirty-five (35) feet long in accordance with the following table: Square feet of aggregate Required number gross floor area of berths 150,000 or less 1 150,'001 to 400,000 2 400,001 to 660,000 3 660,001 to 970,000 4 970,001 to 1,300,000 5 1,300,001 to 1,630,000 6 1,630,001 to 1,960,000 7 1,960,001 to 2,300,000 8 For each additional 350,000 over 2,300,000 1 additional 0 0 7 4 j -184- Section 31. Parking And Loading Area Development Standards. A. The off-street parking facilities required for the uses mentioned in this ordinance, and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve, or upon a lot or parcel of land within three hundred (300) feet of the lot or tract of land upon which the structure they are intended to serve is located and shall be exclusive of landscaping requirements. B. All off-street parking and loading shall be subject to site specific approval by the Town Engineer. C. Entrances and/or exits on a public street shall not be located less than one hundred fifty (150) feet from the nearest point of intersection of two (2) street right-of-way lines unless the tract is not of sufficient size to accommodate this restriction. In that instance, the driveway shall be located as far as possible from the intersection. The width of opening on entrances and/or exits shall not be less than twelve (12) feet no more than forty (40) feet depending on the amount of lot frontage where such opening is to be located. Only one driveway approach shall be permitted on any parcel of property with a frontage on a public street with a lot width of one hundred fifty (150) feet or less. Additional openings for parcels of property having a frontage of one hundred fifty (150) feet or less, may be permitted after proof of necessity and convenience has been established by evidence submitted to the Town Engineer. Between any two (2) adjacent entrances and/or exits serving the same parking facility, there shall no be less than twenty (20) feet. D. No loading space shall be located closer than fifty (50) feet to any lot in any Residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight (8) feet in height. E. Lighting facilities, if provided shall be so arranged as to be reflected away from residentially zoned or used property. They shall provide illumination within the parking facility not to exceed one footcandle at ground level, and shall distribute not more than two-tenths of one (0.2) footcandle of light upon any adjacent residentially zoned district. F. The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. 0 0 7 4 j -185- G. The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of- land as the structure they are intended to serve, or on a lot or parcel of land abutting the structure they are intended to serve. H. All parking, loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped, areas, to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. An overwide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case. I. Driving lane widths in all private parking lots shall conform to the following standards: 0 degrees - 34 degrees 35 degrees - 90 degrees All turning radii. . . . . . . . . .18 feet minimum . . . . .25 feet minimum . . .25 feet minimum J. In nonresidential districts, surface parking may extend to the front property line, except for required screening and landscaping .as set forth in the various sections of this ordinance. K. In determining the required number of parking spaces, fractional spaces shall be counted to the next whole space. L. Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. M. Kindergartens, day schools and similar child training and care establishments shall provide loading and unloading space on a private drive, off-street to accommodate one motor vehicle for each ten (10) students or children, design capacity, cared for by the establishment. 0 0 7 4 j -186- ARTICLE VII. ADMINISTRATION AND ENFORCEMENT Section 32. Administration and Enforcement. A. AUTHORIZATION. The Town Secretary of the Town of Trophy Club shall be the Zoning Administrator and in that capacity shall be authorized to expend such funds to employ deputies and clerical assistants and to carry out the duties of the Zoning Administrator under this ordinance and as shall be approved from time to time by the Town Council. B. DUTIES OF THE ZONING ADMINISTRATOR. In furtherance of this authority and in addition to the duties designated to him under this ordinance and other ordinances of the Town, the Zoning Administrator or his duly designated and authorized representative shall: 1. Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all Town ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other Town laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance; 2. Receive applications for Certificates of Occupancy and Compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy, receive applications for Certificates of Use and Occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of Town ordinances pertaining to said applications; issue Certificates of Occupancy and Compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance; 3. Receive applications for variances pursuant to section 35 of this ordinance and for vested rights determinations pursuant to section 36 of this ordinance; l 0 0 7 4 j -187- 4. Receive applications for conditional use f� permits and for special use permits pursuant to sections 22 and 23 of this ordinance; 5. Receive petitions for amendments to the text of the zoning ordinance and for the rezoning of property that is subject to this ordinance; 6. Provide such clerical and technical assistance to the Town Council, Planning and Zoning Commission, and Board of Adjustment as they may require in the performance of their duties under this ordinance; 7. Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified; 8. Conduct inspections of buildings, structures, signs and uses of any premises, to determine compliance with the terms of any application, permit or certificates issued by his office; 9. Maintain permanent and current records of official actions on all building permits, certificates of inspection, conditional uses, special uses, variances, i-� vested rights determinations, appeals and applications therefor and all functions of the office of Zoning Administrator related to the administration of this ordinance; 10. Prepare and have available in book, pamphlet or map form, on or before March 1 of each year: (a) The compiled text of the Zoning Ordinance and amendments thereto, including all amendments adopted through the preceding December 31, and (b) A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31; 11. Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the Zoning Ordinance, and the rules of the Board of Adjustment and the Planning and Zoning Commission. A reasonable fee for each copy shall be charged to defray the cost of printing. 0 0 7 4 j -188- C. INSPECTION AND RIGHT OF ENTRY. The Zoning Administrator, or his duly authorized representatives, including, but not limited to, the Town Building Official, are hereby authorized to make inspections of all buildings, structures and premises located within the Town to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the Zoning Administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the Town. Such inspections shall be made between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on any days except Sunday, subject to the following standards and conditions: 1. Such inspections may take place if a complaint respecting said premises has been received by the Zoning Administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the Town are being inspected in their entirety; 2. Such inspection shall be made by the Zoning Administrator or by any duly authorized representative upon his direction; 3. Any person making such inspection shall F_ furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the Town and to determine the purpose of said inspection. The Zoning Administrator, or his duly authorized representa- tive, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry. D. NOTICE OF VIOLATION. Whenever the Zoning Administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the Town, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall: 1. Be in writing and include a statement of any alleged violations; 2. Allow a reasonable time for the correction of any violation or the performance of any other required act; 0.0 7 4 j -189- 3. Be served upon the owner or his agent or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof (1) is served upon him personally, or (2) is sent by certified mail to his last known address; or (3) is posted in a conspicuous place in or about the building, structure or premises affected by the action. When such an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the Zoning Administrator exist, he shall cause to be issued to the owner of said property a Certificate of Inspection attesting to the f act. 0 0 7 4 j -190- Section 33. Certificate Of Occupancy And Compliance. A. No existing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a certificate of occupancy and compliance shall have been issued by the Building Official stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, with the provisions of this ordinance and all other applicable Town ordinances. Certificates of occupancy and compliance shall be applied (for) to coincide with the application after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the Building Official and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected. B. The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the Building Official. C. It shall be unlawful for any public utility, \ including the Town of Trophy Club, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the Building Official of the Town'. 0 0 7 4 j -191- Section 34. Amendments. A. Application for zoning changes. 1. Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the Town Planning and Zoning Commission requesting change in zoning, which application shall contain the following information. (a) Legal description of the land on which 'a zoning change is requested, together with the local street address. (b) Name and address of the owner of the property. (c) Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. (d) District use under which the property is regulated at the time of making application and the district use requested by the applicant. (e) Any other information concerning the property as may reasonably requested by the Planning and Zoning Commission. 2. Upon the filing of an application for a change in zoning with the Planning and Zoning Commission, the applicant shall pay to the Town the sum of five hundred dollars ($500.00) for all tracts that do not exceed one (1) acre and an additional filing fee of twenty five dollars ($25.00) per acre, on any part thereof, for each additional tract that exceeds one (1) acre, no part of which shall be returnable, regardless of the action taken on the request. 3. A waiting period of one year, between the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the Town Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal uses(s), on all 0 0 7 a j -192- or any portion of the property previously considered for j amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the Town Council or Planning and Zoning Commission, or any proposed amendment or change denied without prejudice by the Town Council. 4. The Town shall have at least one sign erected on any property upon which a zoning change requested has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the Town Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such or signs by the Town. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing. B. Changes and amendments. 1. Any person, corporation of group of persons having a proprietary interest in any property, upon proof of such interest, may petition the Town Council for a change or amendment to the provision of the ordinance, or the Town Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. 2. The Town Council may from time to time amend, supplement, or change by ordinance the boundaries of the district or regulations herein. Before taking action on any proposed amendment, supplement, or change, the Town Council shall submit the same to the Town Planning and Zoning Commission for its recommendation and report. 3. The Town Planning and. Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the Town Council. Written notice of all public hearings before the Town Planning and Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real 0 0 7 4 j -193- property lying within two hundred (200) feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, be depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved Town tax roll. 4. A public hearing shall be held by the Town Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the Town of Trophy Club. 5. If such proposed amendment, supplement or change has been denied by the Town Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the Town Secretary, duly signed and acknowledged by the owners of twenty (20%) percent or more, either of the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred (200) feet therefrom, such amendment shall not become effective except by a three-fourths (3/4) vote of the members of the Town Council of the Town of Trophy Club. 0 0 7 4 j -194- Section 35. Board of Adjustment. A. There is hereby created a Board of Adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the Town Council for a term of two (2) years. B. In addition to the five (5) regular members of the Board of Adjustment, two (2) alternate members of the Board of Adjustment, who shall serve in the absence of one or more regular members when requested to do so by the Mayor, shall be appointed by a majority of the Town Council, so that all cases heard by the Board of Adjustment will always be heard by a minimum of four (4) members. C. Regular members and alternate members of the Board of Adjustment shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the Board of Adjustment may be removed from office for cause by the Town Council upon written charges and after a public hearing. D. The Board of Adjustment shall select from among its regular members, a chairman, an acting chairman to act in the absence of the chairman, and a secretary. E. The Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board. Any rule or rules shall be adopted by a resolution by the Board, entered upon the minutes of the Board and a copy thereof shall be filed with the Town Secretary of the Town of Trophy Club. F. Meetings of this Board shall be held at the call of the chairman, and at such other times as the Board may determine. Such chairman or, in his absence, the acting chairman, shall administer oaths and compel attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceeding showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. G. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the Town, affected by any decision of the Building Inspector or other administrative officer of the Town relative to the Zoning ordinance. Such appeal shall be taken within fifteen (15) days after the date of the decision of the Building Inspector or other administrative officer has been 0 0 7 4 j -195- rendered, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record from which the appeal was taken. 1. A filing fee of one hundred dollars ($100.00) to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the Board of Adjustment. 2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 3. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing any party may appear in person, by agent or by attorney. H. The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the Town in the enforcement of this ordinance. 2. To hear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass under this ordinance, if any. 3. To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done. 0 0 7 4 j -196- _ 4. To permit in any district such modification j' of the requirements of the district regulations as the board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district. I. In exercising its powers, the Board of Adjustment may, in conformity with the provisions of this ordinance and the provisions of Articles 1011a to 1011j, Tex. Rev. Civ. Stat. Ann. (Vernon), as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 1. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation to this ordinance. 2. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the 'Town may present .to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment. J. No appeal to the Board of Adjustment shall be allowed on the same piece of property or on the same or- similar question prior to the expiration of one year from the date of a ruling of the Board of Adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year period, been altered or changed by a ruling of the Board of Adjustment, in which each such change of circumstances shall permit the allowance of an appeal. 0 0 7 4 j -197- Section 36. Determination of Vested Rights. A. Upon application, the Board of Adjustment may authorize, as a special exception to the otherwise applicable provisions of this ordinance, the issuance of building permits for a specific proposed development that is not permitted by the terms of the zoning ordinance whenever the Board finds that the applicant has demonstrated that he had a pre-existing, investment -backed, good faith expectation that he would be permitted to commence and complete a specific proposed development that he has vested under the standards set out in Paragraphs C, D, and E of this section. B. For the purpose of this section, an "investment backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible change of position that imposes on the applicant an obligation to expend substantial sums of money in the future. C. In considering whether a development expectation has vested, the Board shall consider: 1. Whether there has been an act of the Town of Trophy Club or an officer or agency of the Town upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective zoning regulations with respect to the applicant's property. 2. The extent to which the applicant has, prior to the date of notice that rezoning is in progress, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvement, or for the design of specific buildings and improvements to be constructed on the site. 3. The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years. 4. Whether the applicant prior to the date of notice that rezoning is in progress has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof. 5. Whether the applicant prior to the date of notice that rezoning is in progress has incurred financial obligations to a lending institution which, 0 0 7 4 j -198- despite a thorough review of alternative solutions, the applicant will be unable to meet unless he is permitted to proceed with the proposed development. 6. Whether enforcement of the terms of the currently effective zoning regulations will expose the applicant to substantial monetary liability to third persons; or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. 7. Whether the right of the applicant to commence and complete. the proposed development may have vested only with respect to an identifiable and discrete portion of the proposed development. D. The right of the applicant to commence and complete construction of a specific proposed development, or a portion thereof., is vested if the applicant can demonstrate that: 1. The applicant owned the parcel proposed to be developed on the date of notice that rezoning was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted. 2. Applying the. considerations set out in Paragraph C of this section, the development expectations of the applicant were reasonable and final when formulated and investment -backed. 3. Requiring that the applicant's property be developed in accordance with the currently effective zoning restrictions will, considering the investment of applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: a) Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development; b) Expenditures for taxes except for any increases in tax expenditures which result from governmental approvals or the construction of improvements on the property of the applicant; 0 0 7 4 j -199- c) Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated. E. The fact the property has been or is in a particular zoning classification under this ordinance, or any prior zoning ordinance of the Town, shall not, in itself, establish that an applicant's right to develop has vested. F. Any person, firm, or corporation having an ownership interest in property may file an application for a determination that the right to commence and complete a specific development on that property has vested. Such application shall be filed with the Board of Adjustment, shall contain a recital of the facts which are claimed to support the vested rights claim, and shall contain such other information as the Town Staff may specify. G. A public hearing shall be held by the Board of Adjustment on an application for a vested rights determin- ation. At least fifteen (15) days notice of the date, time and place of such hearing shall be published in the official newspaper of the Town of Trophy Club and shall be sent to the applicant and all other persons who are owners of real property, as the ownership appears on the last Town tax roll, lying within two hundred (200) feet of the property which is the subject of the application. H. A stenographic transcript of the public hearing and the deliberations of the Board of Adjustment on vested rights applications shall be kept. I. Within thirty (30) days after the public hearing on an application the Board of Adjustment shall file its written findings of fact and conclusions and serve the same by certified mail on the applicant and each person who filed an appearance in the public hearing. J. Any determination made by the Board with respect to the vesting of development rights shall be the minimum necessary to provide the applicant with a reasonable rate of return on his investment made before a notice of rezoning in progress with respect to his property. K. A determination of the Board with respect to vested rights under this section shall expire and be of no further force or effect unless construction is actually 0 0 7 4 j -200- commenced within one (1) year of the date the determination is , made. L. Any person, firm or corporation claiming a vested right to commence and complete a specific proposed development who does not file an application for a determination under this section within six (6) months after the effective date of an amendatory ordinance rezoning his property so as to prohibit his proposed development shall be deemed to have waived his right to seek such a determination. 0 0 7 4 j -201- Section 37. Penalty. Any person violating or failing to comply with any provisions 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 each day any violation or noncompliance occurs or continues, shall constitute a separate offense. Section 38. Severability Clause. It is hereby declared to be the intention of the Town Council of the Town of Trophy Club that the sections, paragraphs, sentences, clause and phrases of this ordinance are severable, and if any phrase clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, illegal or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section 39. Exceptions And Exemptions Not Required To Be Negated. In any complaint and in any action or proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, proviso or exception contained in this ordinance, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant. Section 40. Repeal of Conflicting Ordinances. That this ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Provided, however, that Ordinance Numbers 85-28, 85-29, 85-30, 85-31, 85-32, 85-33, 85-35, 85-36, 85-37, 86-03, 86-04, 86-21, 86-24, 87-08 and 87-12 are hereby repealed in their entirety. Section 41. Effective Date. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law. 0 0 7 4 j -202- PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21ST day of SEPTEMBER 1987. Mavor, rro of Troph Club, Texas ATTEST: T wn ecretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas 0 0 7 4 j -203-