ORD 2008-24TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-24 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF
THE TOWN, ENTITLED "ZONING", ARTICLE II, ENTITLED
"DEFINITIONS," SECTION 2.02 ENTITLED "GENERAL
DEFINITIONS" TO ADD DEFINITIONS FOR "ARBOR",
"OUTDOOR KITCHEN", AND "PERGOLA"; AND AMENDING
ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS", SECTION 5.03 ENTITLED "ACCESSORY
STRUCTURES AND USES", SUBSECTION A. 1. e. (ii)
RELATIVE TO HEIGHT AND SCREENING REQUIREMENTS,
SUBSECTION D. ENTITLED "LOCATION" AND SUBSECTION F.
ENTITLED "DESIGN CRITERIA", SUBSECTION (1); PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning & Zoning Commission, and the information and
other materials received at public meetings, the Town Council has concluded that
the amendments of this Ordinance are in the best interests of the Town of Trophy
Club, Texas, and of the public health, safety and general welfare; and
WHEREAS, as allowed in the Town's Ordinance, detached accessory
structures such as outdoor kitchens, arbors and pergolas must be built at least
ten (10) feet away from the primary dwelling structure; and
WHEREAS, due to the ten (10) foot requirements, some accessory
structures were being placed within setbacks and easements; and
WHEREAS, after review by the Town staff, who are charged with
maintaining safety and beautification standards, Staff recommended that the
SECTION 1.
INCORPORATION OF PREMISES
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.
AMENDMENTS
2.01 Article II, Entitled "Definitions," of Chapter 13, entitled "Zoning", of the Code of
Ordinances of the Town of Trophy Club is hereby amended so that Section 2.02 entitled "General
Definitions" is amended to add definitions for "arbor', "outdoor kitchen", and "pergola", so that
Section 2.02 reads in its entirety as follows:
Section 2.02 General Definitions
A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to
them in this section, unless such definition would be inconsistent with the manifest intent of the
Planning and Zoning Commission and the Town Council or where the context of this Ordinance
clearly indicates otherwise:
1. Accessory Building or Accessory Structure: A subordinate building or structure of
masonry and/or wood construction, detached from the main building, and customarily
incidental to the principal building.
2. Accessory Use: A use subordinate to and incidental to the principal use.
3. Acreage, Gross: 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: 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: A landing facility for aircraft approved by the United States Federal Aviation Agency.
6. Alcoholic Beverage: 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: A public way, public space or thoroughfare which affords only secondary means of
access to property abutting thereon.
8. Animal Pound/Shelter (Private): A facility for the incarceration of small domestic animals for
short periods of time.
9. Animal Run: A structure or barrier for the purpose of containing a dog or other animal as
authorized in the Town's Animal Control Ordinance.
10. Antique Shop: An establishment offering for sale, within a building articles such as glass,
china, furniture or similar furnishing and decorations which have value and significance as a
result of age, design or sentiment.
11. Apartment: A room or suite of rooms arranged, designed or occupied as a residence by a
single family, individual or groups of individuals.
12. Apartment House: 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.
13. Arbor: An open framework designed to offer shade, with latticework that also serves as a
trellis on which climbing plants can grow.
14. Architectural Grade Metal: A non -flat, non -reflective metal panel specifically designed for
the use as a fence.
15. Area of lot: The net area of the lot and shall not include portions of streets and alleys.
16. Art Studio: An area for the collection, display, distribution, or instruction of objects of art.
17. Art Supply Store: An establishment offering for sale those materials used by conventional
artists for the preparation of their art form.
18. Attached: Any structure that shares a common wall or foundation with the primary structure.
19. Bakery or Retail Confectionery Store: An establishment that prepares baked foods and
prepared candies on site or from a wholesale supplier for the purpose of retail sales.
20. Basement: A building story which is partly underground and having at least one-half (%:) of
its height below the average level of the adjoining ground.
21. Bedroom: A room in a dwelling other than a kitchen, dining room, living room, bathroom,
closet den, or sunroom which is used primarily for sleeping.
22. Blind Fence or Wall: A fence or wall through which a person is unable to see standing six
(6) feet from such fence or wall at ground level.
23. Block: 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.
24. Breezeway: A covered passage one story in height connecting a main structure and an
accessory building.
25. 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.
26. Building: A structure built for the support, shelter and enclosure of persons, animals, chattels
or movable property of any kind.
27. Building Official: The Building Official for the Town of Trophy Club, Texas or his or her
designee.
28. Building Setback Line: A line parallel or approximately parallel to the street line and beyond
which a building or structure may not be erected, encroach or project.
29. Cabana: A secondary structure on a lot incidental to a swimming pool or recreational area,
but excluding sleeping and cooking facilities.
30. Carport: A permanent roofed structure entirely open on at least two sides, designed or used
to shelter not more than two private passenger vehicles.
31. Cemetery or mausoleum: An area or structure designed to contain the remains of humans
for permanent interment.
32. Children's Playhouse: A non-commercial single story structure of less than one hundred
twenty square feet (120) used exclusively for the recreational purpose for children. Said
structure shall in no ways be used for habitation.
33. Church: A place of worship and religious training of recognized religions, including the on-
site housing of ministers and families, priests, rabbis and nuns.
34. Clinic: 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.
35. Club: An association of persons for promotion of some common object, such as literature,
science or good fellowship, and jointly supported by its members and carrying the privilege of
exclusive use of a club building and premises.
36. Colored and Embossed Poured -in -Place Concrete: A site constructed concrete panel with
a raised design and colored to complement the surrounding structures. Design shall
encompass eighty (80) percent of the wall facing and shall be installed on both sides of the
wall.
37. Commercial: Any business, other than a home occupation or manufacturing business, which
involves the exchange of goods or services for the remuneration of a person occupying the
premises upon which the transaction or part thereof takes place.
38. Commercial Amusement: An amusement enterprise offering entertainment or games of skill
to the general public for a fee or charge.
39. Community Festival: A function or occasion that is endorsed by the Town Council held at a
central location where scheduled activities are held or performed for the benefit of the
community.
40. Community Garage Sale: A coordinated event, which includes as participants any number
of residents of the Town participating together by simultaneously conducting garage sales
that are sponsored by a bona -fide and recognized non-profit civic organization.
41. Comprehensive Plan: The Comprehensive Land Use Plan of the Town of Trophy Club and
includes any unit or a part of such unit separately adopted and any amendment to such plan
or parts thereof.
42. Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing
that is designed to resemble cut stone. Facing shall be installed on both sides of the unit.
43. Condominium: 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.
44. Convalescent Home: Any structure, other than a hospital, used for or occupied by persons
recovering from illness or suffering from the infirmities of old age.
45. Corner Lot: A lot situated at the junction of two (2) or more streets.
46. Country Club: An area containing a golf course and a clubhouse 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.
47. Convent: Residence of nuns and other accessory activities which are associated therewith.
48. Crafts and Hobby Shops: A retail establishment which displays and/or offers for sale
objects or portions of objects relating to recreational activities.
49. Cul -De -Sac: 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 the Town Subdivision
Regulations.
50. Cultural Building and Facilities: A building or complex of buildings that house cultural
facilities owned and/or operated by a governmental agency or private non-profit agency.
51. Day Care Center or Nursery: An establishment where more than three (3) unrelated
children under fourteen (14) years of age are left for care, training, education, custody, or
supervision during the day or any portion thereof. The term "day care center" or "day
nursery" shall not include overnight lodging, medical treatment, counseling, or rehabilitative
services, and does not apply to any school, public or private, as herein defined.
Such facility shall be operated in a manner as required by Chapter 42 of the Human
Resources Code of the state of Texas, as amended, and in accordance with such standards
as may be promulgated by the Texas Department of Human Resources.
52. Day Care (In a Private Home): The care of no more than three (3) children, not a part of the
family, in a residential structure. Such care being provided by a resident of the structure.
53. Decorative Pre -Cast Embossed Concrete: A pre -cast concrete panel with a raised design.
Design shall encompass eighty (80) percent of the wall facing and shall be installed on both
sides of the wall. The use of corrugated tin shall not be allowed to constitute a design.
54. Decorative Street Pavement: The physical construction or treatment of streets such that the
aesthetic quality of the street is enhanced. Enhancements may include or consist of stamped
concrete, decorative paves, colored concrete or a combination thereof.
55. Dedication: The setting aside of a lot, parcel, or tract of land for a special use by the public.
Such setting aside shall constitute a transfer of ownership from the current owner to the Town
of Trophy Club and shall be accomplished through platting the property or by a special
instrument.
56. Depth of Front Yard: The minimum distance from the front lot line to the front line of a
building.
57. Depth of Rear Yard: The mean horizontal distance between the rear line of a building other
than an accessory building and the rear lot line.
58. Design Standards: The (i) subdivision regulations of the Town, (ii) standards for paving,
drainage and utility improvements, and (iii) any other ordinances, regulations or rules of the
Town relating to standards for the construction of paving, drainage or other utility
improvement.
59. Development: 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.
60. Detached: Any structure that does not share a common wall or foundation with the primary
structure.
61. Dilapidated: The condition of a building or structure that has fallen into a state of disrepair,
ruin or decay as to render it a menace to public safety such that it promotes fires or houses
rodents or insects.
62. District: A section of the Town of Trophy Club for which the regulations governing the area,
height and use of buildings are uniform.
63. Drip Line: A vertical line run through the outermost portion of the crown of a tree and
extending to the ground.
64. Dry Cleaner, Pick -Up and Drop -Off: A retail establishment where fabrics are cleaned with
substantially non -aqueous solvents.
65. Dry Cleaning Plant: A commercial laundry or cleaning plant doing cleaning or laundry for off -
premises service outlets and retail establishments.
66. Duplex: A detached building having separate accommodations for two (2) single-family
dwellings or occupied by two (2) families.
67. Dwelling: An enclosed building or portion thereof having accommodations for only one family
or occupied by one family.
66. Easement: A right of a person, government agency, or public utility to use public or private
land, which is owned by another person, government agency, or public utility, for a specific
purpose.
69 Efficiency Apartment: A dwelling unit in a multi -family structure, consisting of not more than
one habitable room, together with kitchen or kitchenette and sanitary facilities, and having a
minimum of six hundred square feet (600 sq. ft.) 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.
70. Electrical Generating Station: A facility designed to convert electrical current from other
energy sources for consumption by dwellings and other structures.
71. Electrical Substation: A facility designed to convert electrical current to a different phase or
voltage prior to consumption by dwelling and other structures.
72. Electrical Transmission Line: A high voltage line used to transmit electrical current to or
between electrical substations or over long distances and customarily associated with towers.
73. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls,
which contains no opening larger than one hundred twenty (120 sq. ft.) in area normally open
to the air and which contains no series of openings forming a divided opening larger than one
hundred twenty (120 sq. ft.) in area normally open to the air.
74. Engineer: A person duly authorized under the provisions of the Texas Engineering
Registration Act, as amended, to practice the profession of engineering.
75. Extended 72 Hour Maximum Stay Surgery Center: Shall mean any facility that operates
primarily to provide outpatient based diagnostic treatment and medical/surgical intervention
to patients and patrons requiring medical treatment with provisions for extended, monitored
recovery beyond twenty-four hours. Such facilities may include provisions for extended
recovery and medical monitoring for elective surgical procedures and elective medical
intervention. The extended stay facility will meet the environment of care for an institutional
medical/surgical facility. The facility focus shall primarily address low to medium acuity cases
as a component of primary care and elective care.
Due to the primary and elective medical focus, the extended 72 hour maximum stay facility
shall not include emergency care beyond the limits of first aid treatment. Additionally, the
extended stay facility shall not allow helipads or heliports associated with traditional medical
facilities where emergency treatment is primary.
76. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or
other materials similar to the foregoing that may be applied to the surface of a building or
structure.
77. Family: Any number of individuals living together as a single family housekeeping unit in
which not more than three (3) individuals are unrelated by blood, marriage, adoption or foster
assignment.
78. Family Home: Shall have the meaning as defined by Chapter 42 of the Texas Human
Resources Code.
79. Fence: Any wall or structure more than three feet (3') in height constructed or placed for the
purpose of enclosing, screening, restricting access, or decorating any real property, building
or structure.
80. Fire or Police Station: A facility designed to provide public protection from the dangers of
fire and crime.
81. First Floor: The highest story of a building having its interior floor surface at ground level or
not more than four feet (4') above ground level. Such ground level shall represent the
average level along the side of the building having the lowest ground elevation, and shall be
measured at a maximum of four feet (4') from the building. The first floor in a single family
residential building shall be designated as the main living area. In a split level residence, the
floors located below and above the first floor shall be designated as half ('/z) floors.
82. Florist Shop: A shop offering flowers, flower arrangements services and associated products
for sale.
83. Four-Plex or Quad-Plex: A detached building containing four (4) single-family attached
dwellings.
84. Front Yard: An open, unoccupied space on a lot facing a street and extending across the
front of the lot between the side yard lines and being the minimum horizontal distance
between the street line and the principal building or any projection thereof other than the
projection of normal architectural features.
85. Garage, Private: An accessory building or a portion of a main building for the storage or
parking of motor vehicles as may be required in connection with the permitted use of the main
building. A private garage shall be totally enclosed with the only exceptions being openings
used for access or ventilation, shall be constructed of similar style and material as the main
structure.
86. Garage, Front Entry: 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 being from the front property line.
87. Garage Sale: A sale of previously owned domestic and household items on site by the
resident of a single family detached dwelling. This does not include commercial retail__sales.
(See "Community Garage Sale")
88. Garage, Side or Rear Entry: 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.
89. Gazebo: A secondary structure on a lot incidental to the main residence and being an open
air garden pavilion, but excluding sleeping, cooking (excepting an outdoor charcoaler or grill)
and bath facilities.
90. Golf Course (Commercial): A golf course, privately owned but open to the public for a fee
and operated as a commercial venture.
91. Grocery Store: A retail establishment selling meats, fruits, vegetables, bakery products,
dairy items, and similar products for human consumption for off -premises consumption only.
92. Group Home for the Disabled: A dwelling shared by four or more disabled persons,
including resident staff, who live together as a single housekeeping unit and in a long-term,
family -like environment in which the staff person(s) provide care, education, and participation
in community activities for the residents with the primary goal of enabling the residents to live
as independently as possible in order to reach their maximum potential.
93. As used herein, the term "disabled" shall mean having
L A physical or mental impairment that substantially limits one or more of such person's
major life activities so that such person is incapable of living independently;
ii. A record of having such an impairment; or
iii. Being regarded as having such an impairment.
94. However, "disabled" shall not include current illegal use of or addiction to a controlled
substance, nor shall it include any person whose residency in the home would constitute a
direct threat to the health and safety of other individuals. The term "group home for the
disabled" shall not include alcoholism or drug treatment center, work release facilities for
convicts or ex -convicts, or other housing facilities serving as an alternative to incarceration.
95. Guest House: 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.
96. Hardware Store: An establishment offering small hand tools and small building materials and
associated convenience items, and personal hobby materials for sale to the general public.
97. Height: When referring to the height of a building or portion thereof, the vertical distance
measured from the average established grade at the exterior surface of the structure to the
highest point of the structure, measured a maximum of four (4) feet from the exterior surface
of the structure.
98. 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 by the
official records of the Town.
99. Home Occupation: A home occupation is an occupation carried on in the home by a
member of the occupant's family without the employment of additional persons, without the
use of a sign to advertise the occupation, without structural alterations tin the building or any
of its rooms, without offering any commodity or service for sale on the premises and which
does not involve open storage and which does not create a nuisance to abutting residential
property such as emission of odor, increased traffic or generation of light or smoke and where
the use is carried on in the main structure only.
100. Hospital: Shall mean a facility or area for providing health services primarily for human in-
patient medical or surgical care for the sick or injured and including related facilities such as
laboratories, out-patient departments, training facilities, central services facilities, and staff
offices that are an integral part of the facilities.
101. Hotel or Motel: A building or group of buildings designed and occupied as a temporary
abiding place for individuals. To be classified as a motel or hotel an establishment shall
contain a minimum of six (6) individual guest rooms or units and may furnish customary
services such as linen, maid service, telephone, use and upkeep of furniture.
102. HUD -Code Manufactured Home: A structure that was constructed on or after June 15,
1976, according to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections, which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length, or, when erected on site,
is 320 or more square feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected to the required
utilities, and including the plumbing, heating, air-conditioning, and electrical systems.
103. Industrialized Housing: A residential structure that is designed for the use and occupancy of
one or more families, that is constructed in one or more modules or constructed using one or
more modular components built at a location other than the permanent residential site, and
that is designed to be used as a permanent residential structure when the modules or
modular components are transported to the permanent residential site and are erected or
installed on a permanent foundation system. The term includes the plumbing, heating, air-
conditioning, and electrical systems. The term does not include any residential structure that
is in excess of three stories or forty-nine (49) feet in height as measured from the finished
grade elevation at the building entrance to the peak of the roof. The term shall not mean nor
apply to
i. Housing constructed of sectional or pannelized systems not utilizing modular
components; or
ii. Any ready -built home which is constructed so that the entire living area is contained in
a single unit or section at a temporary location for the purpose of selling it and moving
it to another location.
104. Kindergarten: School for children of preschool age, in which construction endeavors, object
lessons and helpful games are prominent features of the curriculum.
105. Laundromat: A retail establishment where fabrics are cleaned with aqueous organic solvents
in machines operated by the patron.
106. Lot: An undivided tract or 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 the Town Subdivision Regulations.
107. Lot Coverage: The total area of a lot upon which is placed a building, buildings or other
structures.
108. Lot Depth: The length of a line connecting the midpoints of the front and rear lot lines.
109. Lot, Double Frontage or Through: 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
110. Lot Frontage: The length of street frontage between property lines.
111. Lot, Irregular: 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.
112. Lot of Record: 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.
113. Lot, Reverse Frontage: A corner lot, the rear of which abuts the side of another lot.
114. Lot Width: 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.
115. Maintenance: All work necessary or appropriate to keep a building or structure in proper
condition and in compliance with this Ordinance or other applicable law, codes or regulations.
116. Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and
concrete masonry units with decorative facing.
117. Massage: Any process consisting of kneading, rubbing, or otherwise manipulating the skin of
the body of a human being, either with the hand or 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 operate 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.
118. Massage Parlor: 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.
119. May: Shall mean discretionary, and not mandatory
120. Mechanical Equipment: 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.
121. Minimum Square Footage of Dwelling Unit: The minimum square footage of living space
required per dwelling unit, excluding open porches, breezeways, patios or areas designated
for automobile parking, but including enclosed porches.
122. Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or
more sections, which, in the travel mode, is eight (8) body feet or more in width or forty (40)
body feet or more in length, or, when erected on site, is 320 or more square feet, and which is
built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and including the plumbing,
heating, air-conditioning, and electrical systems.
123. Modular Home: 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.
124. Monastery: Residence of monks or priests and other accessory activities which are
associated therewith.
125. Mortuary or Funeral Home: An establishment serving the needs of the community by
providing embalming and burial services in conformance with the State of Texas Statutes.
126. Multi -family Dwelling: A building or buildings containing or aggregating four or more single-
family dwelling units.
127. Natural Grade or Grade: 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.
128. Natural Vegetation: Living plant material.
129. Noncommercial: A person, endeavor, organization, agency, or operation that does not
involve the exchange of goods or services, as a principal or secondary use, for the
remuneration of a person, venture, partnership, corporation, or organization occupying the
premises upon which the transaction or part thereof takes place.
130. Nonconforming Use: 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.
131. Office, Business and Professional: A room or group of rooms for the provision of business
and professional services, not including retail sales or production.
132. Office, Medical and Dental: A room or group of rooms for the provision of medical and
dental health care services, not to include other than ambulatory care.
133. Off -Street Parking: Concrete surface areas upon which motor vehicles may be parked and
which area has access to a public street.
134. Opaque: A fence material that is impenetrable by light; neither transparent nor translucent.
135. Open Space: All land designated for the recreational enjoyment and/or natural beauty of the
area.
136. Outdoor Advertising Sign: 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.
137. Outdoor Kitchen: May include not only a grill but also a refrigerator, cabinetry, a sink or
even a wine cooler.
138. Outside Storage: The storage of commodities, goods and/or refuse outside of an enclosed
building.
139. Park: Land dedicated to, purchased by or otherwise acquired by the Town for the purpose of
providing public recreational and/or open areas.
140. Pavement Width: That portion of a street available for vehicular traffic; where curbs are laid,
it is the portion between the face of the curbs.
141. Pavilion: An open structure without walls but covered with a roof. The structure may be of
wood construction and shall have a roof construction consistent with residences within the
Town.
142. Pawn Shop: An establishment where money is loaned on the security of personal property
pledged in the keeping of the pawnbroker.
143. Pergola: A shaded walk or passageway of columns that support cross beams and an open
lattice, upon which woody vines are grown.
144. Perimeter Plan: A map indicating the proposed areas of common land usage on a tract of
land three hundred feet (300') in depth adjacent to and within the total perimeter of the
district.
145. Person: Any individual, association, firm, partnership, corporation, governmental agency,
political subdivision or any other entity recognized in law.
146. Pedestrian Path: A paved pedestrian way generally located within the public street right-of-
way, but outside of the street or roadway.
147. Pharmacy, Drug Store, Apothecary: An establishment offering over the counter and
prescription drugs and allied products for retail sale.
148. Photographic Studio: A building or portion of a building as a place of work for a
photographer.
149. Planned Development: A subdivision that consists of commercial and/or residential land
uses, public land uses, and common open space and park and recreational 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.
150. Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning
Manager of the Town of Trophy Club Texas, or his or her designee.
151. Plat: A final plat that has been approved by the Town in accordance with the Town
Subdivision Regulations and filed in the Deed Records of the county where the land is
located.
152. Playground: An area used primarily for recreational purposes for children and which
generally includes equipment such as, but not limited to, swing set, slides and merry-go-
rounds; provided, however, that a playground shall not mean any play area on a residential
lot and used primarily by a person or persons residing on the residential lot.
153. Premises: 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.
154. Principal Structure: A building or structure, the use of which is a principal use.
155. Principal Use: A use which, in comparison with another use occurring on the same property,
has the greatest effective producing power.
156. Private: The exclusion of those who have not been invited.
157. Private Club: 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.
158. Professional: Service shall mean work performed by a member of a profession licensed as a
profession by the State of Texas.
159. Public: Promotion of a public cause or service, including utilities having a franchise from the
Town of Trophy Club, but excluding other profit-making organizations.
160. Public Right -of -Way: 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.
161. Public Utility: Any person, corporation or other entity owning or operating for compensation
within the Town equipment or facilities for
L Producing, generating, transmitting, selling or furnishing electricity;
ii. Conveying, transmitting or receiving communications over a telephone;
iii. Providing, furnishing or selling water or sewer services;
iv. Producing, transporting, furnishing or selling natural gas; or
v. Providing, furnishing or selling cable television.
162. Rear Yard: A space unoccupied by a principal structure extending for the full width of the lot
between the principal structure and the rear lot line.
163. Recreational Vehicle Camp Grounds: Any premises on which one or more recreational
vehicles or travel trailers are parked or situated and used for the purpose of supplying to the
public a parking space for one or more such coaches or trailers.
164. Rectory: Residence of ministers or priests and other accessory activities which are
associated therewith.
165. Religious Institution: Shall be held to include a church as defined herein.
166. Repair: The reconstruction or renewal of any part of an existing building or structure for the
purpose of maintenance
167. Residential Density: The number of dwelling units per gross acre, excluding any areas that
are designated to be used for parks and open space, and other non residential purposes.
168. Restaurant or Cafe: A building or portion of a building, where the primary business is the on -
premises sale of prepared food, with adequate facilities for the preparation of the food to be
sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the
restaurant and the type of menu offered.
169. Restaurant or Eating Establishment (Drive -In Service): An establishment designed and
constructed to serve food for consumption on the premises, in an automobile, or for carry -out
for off premises consumption and which establishment may or may not have on -premises
dining room or counter.
170. Restaurant with Alcoholic Beverage Sales: A restaurant or eating establishment where
alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis
at the location represent at least sixty percent of total sales.
171. Retail Store: 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.
172. Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials;
said materials being substantially equal in height to the height of the wall.
173. Retirement Home: A development facility providing dwelling units specifically designed for
the needs of ambulatory persons who have retired from active vocations.
174. School, Denominational or Private: A school under the sponsorship of a private agency,
corporation, or religious agency, having a curriculum generally equivalent to public
elementary or secondary schools, and accredited or licensed by the state of Texas; but
excluding private trade or commercial schools as herein defined.
175. School, Public: A school under the sponsorship of a public agency providing elementary or
secondary curriculum, and accredited or licensed by the state of Texas; but excluding private
trade or commercial schools.
176. School, Trade or Commercial: An establishment other than accredited or licensed public,
private or denominational school, offering training or instruction in art occupation, or trade.
177. School, College 1 University: An academic institution of higher learning, accredited or
recognized by the state and offering a program or series of programs of academic study
leading to a recognized degree or advanced degree.
178. Screening: To conceal an object from public view by means of landscaping materials or an
opaque fence.
179. Screening Wall or Fence: 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.
180. Servants' Quarters: 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.
181. Shall: Means mandatory, and not discretionary.
182. Side Yard: 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.
183. Single -Family Attached Dwelling: 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.
184. Single -Family Detached Dwelling: An enclosed building having accommodations for and
occupied by only one family, which building must of itself meet all the lot area, front yard, side
yard, rear yard, height and other zoning requirements.
185. Site Plan: 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
Regulations and which has been approved in accordance with the Town Subdivision
Regulations.
186. 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 as part of the
official records of the Town.
187. Stable (Private): A stable with a capacity for not more than four (4) horses, mules, or other
domestic animals.
188. Stadium: Any athletic field or stadium operated for the general public, including a baseball
field, or football field or stadium.
189. Storage: A space or place for storing and safekeeping of goods in a warehouse or other
depository.
190. Storage/Utility Building: A non-commercial structure that is secondary to the primary
structure and is used primarily for storage of garden & lawn equipment, tools, and
miscellaneous household items. This does not include the regular storage of material and
goods intended to be sold or used in connection with any business or commercial enterprise.
191. Story: 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.
192. Street: Any parcel of land designated for specific use as a thoroughfare for vehicular traffic
and not designated as an alley.
193. Street, Private: Any parcel of land designated and used specifically as a thoroughfare for
vehicular traffic, but not dedicated to the public.
194. Street, Public Dedicated: Any parcel of land dedicated to the public and used or which may
be used specifically as a thoroughfare.
195. Street Right -Of -Way: A street, including its pavement and all the publicly owned property
adjacent to it, dedicated for street purposes.
196. Structural Alterations: Any change in the supporting members of a building, such as
bearing walls, columns, beams or girders.
197. Structure: That which is built, erected or constructed; an edifice or building of any kind, or
any piece of work built up or composed of parts joined together in some definite manner,
including parking lots.
198. Subdivider: 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.
199. Subdivision: 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 re -subdivision of land or lots which are part of a
previously recorded subdivision.
200. Swimming Pool (Private): A swimming pool constructed for the exclusive use of the
residents of a one -family, two family or multiple -family dwelling and located and fenced in
accordance with the regulations of the Town of Trophy Club.
201. Swimming Pool (Commercial): A swimming pool with accessory facilities, not part of the
municipal or private recreational system, and not a private swim club, but where the facilities
are available to the general public for a fee.
202. Temporary Field or Construction Office: A structure or shelter used in connection with a
development or building project for housing on the site of temporary administrative and
supervisory functions and for sheltering employees and equipment.
203. Town: Shall mean the Town of Trophy Club, Texas.
204. Town Engineer: The duly authorized person in charge of engineering for the Town, or that
person's designated representative.
205. Town Planner: The duly authorized person in charge of planning for the Town, or that
person's designated representative.
206. Town houselTownhome: A single-family attached dwelling unit on a separately platted lot
which is joined to another selling unit on one or more sides by a party wall or abutting walls
and occupied by not more than one family.
207. Tree: Any self-supporting woody perennial plant which has a trunk diameter of three inches
(3") or more when measured at a point four and one-half (41/2') feet above ground level and
which normally attains an overall height of at least fifteen (15) feet at maturity, usually with
one (1) main stem or trunk and many branches. It may appear to have several stems or
trunks as in several varieties of oak.
208. Triplex: A moderate density use and shall mean a detached building containing three (3)
single-family attached dwelling units.
209. Use: The purpose for which land or buildings are or may be occupied in a zoning district.
210. Utility Distribution Lines: Facilities which serve to distribute and transmit electrical power,
gas, and water, including but not limited to electrical transmission lines, gas transmission
lines, and metering stations.
211. Variance: Relief from or variation of the provisions of these regulations, other than the Use
Regulations, as applied to a specific piece of property, as distinct from rezoning, as further
set out hereinafter in the powers and duties of the Zoning Board of Adjustment.
212. Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence
designs, including board, rail, picket, lattice, and wrought iron.
213. Wholesale Business: A commercial use devoted to the sale of goods and commodities in
large lots to retail outlets and stores and manufacturers.
214. Width of Lot: The horizontal distance between the side lot lines of a lot measured at right
angles to the depth or the same distance measured at the front building line.
215. Width of Side Yard: The least distance between a side wall of a building and the side line of
the lot.
216. Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron.
217. Yard:'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.
218. Yard Area: The front, side, and rear yard areas as required under the Comprehensive Zoning
Ordinance and the zoning district requirements applicable thereto.
219. Yard, Front: An open space, unoccupied space on a lot facing a street and extending across
the front of the lot between the side yard lines and being the minimum horizontal distance
between the street line and the principal building or any projection thereof other than the
projection of normal architectural features.
220. Yard, Rear: The required rear yard is an open space unoccupied and unobstructed extending
across the rear of a lot from one side lot line to the other side lot line.
221. Yard, Side: An open, unoccupied space on the same lot with a building situated between the
building and side line of the lot and extending through from the front yard to the required rear
yard. Any lot line not the rear line or a front line shall be deemed a side line.
222. Zoning District: A classification applied to any certain land area within the Town stipulating
the limitations and requirements of land usage and development.
223. Zoning Map: The Official Zoning Map of the Town of Trophy Club together with all
amendments thereto.
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 Of Trophy
Club, of the time and place of such hearing at least fifteen (15) days prior to the date of such
hearing.
(Ord No. 98-29, § IX, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § IX, 3-21-00; Definition No. 74, Ord.
No. 2002-28 P&Z, § III, 8-19-02; Definition No. 99, Ord. No. 2003-28 P&Z, § II, 12-1-03; Definition Nos. 9,
13, 26, 35, 41, 52, 60, 75, 98, 114, 115, 133, 147, 163, 169, 175, 209, 213, Ord. No. 2005-16 P&Z, § 7-
18-05)
2.02 Article V, Entitled "Supplementary District Regulations" of Chapter 13, Entitled "Zoning",
of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03
entitled "Accessory Structures and Uses", Subsection A. 1. e., Entitled "Height Requirements /
Screening Requirements", Subsection (ii) is hereby amended to be and read in its entirety as
follows:
e. Height Requirements / Screening Requirements:
Hard top pool covers shall not exceed four feet (4') in height above the outside
perimeter of the pool.
Accessory structures permitted in these districts shall not exceed one story in height,
except for storage/utility structures which shall not exceed eight feet (8') in height.
iii. Hard top pool covers located on lots abutting golf courses or public or private parks
shall be screened from public and private view by the use of live screening as
required by this section. Live screening shall reach a minimum height of four feet
(4') within one (1) year after the date of initial planting; provided however, that such
live screening shall at no time exceed the height of an existing fence or six feet (6')
in height, whichever is less.
Ord. No. 2006-34 P & Z § II, add Section (1)(e)(i) and (1)(e)(iii), 9-18-06
2.03 Article V, Entitled "Supplementary District Regulations" of Chapter 13, entitled "Zoning",
of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03
entitled "Accessory Structures and Uses", Subsection D, Entitled "Location" is hereby amended to
be and read in its entirety as follows:
D. Location: There shall be no accessory structures located in any front yard or side yards, with the
exception of a flag pole and signs, as defined by this article. Accessory structures erected ten (10) feet
or closer to the principle building shall be considered to be attached and part of the primary structure for
calculating total square feet under roof and shall comply with the setback lines established for that
zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq.
ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where
more than one accessory structure is on the same lot, each structure shall have a minimum ten (10)
foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to
the principle building. If the waters edge of a swimming pool, or any accessory structure that is
excavated for foundation footing, is located six (6) feet or closer to the primary dwelling, an engineer's
letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural
integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the
foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district
in which they are located.
2.04 Article V, Entitled "Supplementary District Regulations" of Chapter 13, Entitled "Zoning",
of the Code of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 5.03
entitled "Accessory Structures and Uses", Subsection F., Entitled "Design Criteria", Subsection
(1) is hereby amended to be and read in its entirety as follows:
F. Design Criteria: All accessory structures shall conform to the following design criteria:
The exterior surfaces of all accessory structures shall be consistent with the regulations as
specified by the applicable zoning district. However, accessory structures that are normally
constructed in such a manner that masonry exterior surfaces are neither practical nor
appropriate are excluded from the masonry requirements, including but not be limited to gym
sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed with an
aluminum material so long as that material resembles wood -like construction and such material
has been approved by the Town's Planning and Zoning Coordinator.
(Ord. No. 2005-09 P&Z § II, 5-2-05, Repealed by Ord. No. 2005-14 P&Z, § ll, 6-6-05)
SECTION 3.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to any and
all violations of the provisions of any Ordinance affecting accessory structures which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance as required by the Town Charter and state law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
81h day of September, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
[SEAL]
ATTEST: / p
4Lisaek, Town Secretary
Town of Trophy Club, Texas
n
APPROVED TO AS FORM: FO C
h
v9��ARY A, 19�
Patricia A. Adams,Town Attorney
Town of Trophy Club, Texas