Trophy Club City Zoning Code
Division 5
Supplementary District Regulations
§ 14.02.251 Temporary uses.
(a)
Permitted uses.
The following uses, which are classified as temporary uses, may be permitted for a period of time by the town council, after recommendation by the planning and zoning commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein.
(1)
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.
(2)
Temporary sales of merchandise by nonprofit organizations.
(3)
Real estate sales offices (located in a permanent residential structure), but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years.
(4)
Off-street parking for model homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use may be renewed annually.
(5)
Construction office used temporarily by contractors during the construction of public improvements or building 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 improvement or building, providing such temporary use is renewed annually.
(6)
Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time.
(7)
Portable classroom buildings for a public school subject to the following conditions:
(A)
Prior to consideration, the applicant shall provide the proposed color of the portable classroom building, which shall require the final approval of the town council upon the recommendation of the planning and zoning commission. Masonry shall not be a required exterior wall material;
(B)
Portable classroom buildings shall have breezeway and overhead shelter connections to the main school building;
(C)
Unless specified differently by the town council, a portable classroom shall not be placed on any school property any longer than one year from the date of approval by the town council;
(D)
Portable classroom buildings shall be connected to the fire alarm system for the primary building as well as to the primary building’s principal communication system;
(E)
Prior to occupancy, a portable classroom building shall be inspected by the town. The town shall have the authority to inspect the building at any time as determined by the town manager or their designee;
(F)
The portable classroom building shall be anchored in order to withstand a severe wind event;
(G)
Portable classroom buildings shall adhere to the overall school campus security plan such that an active shooter would not have an additional advantage apart from the existing school security plan. The police chief to review and approve the plan prior to occupancy of the building;
(H)
Any other conditions as determined by the town council at final approval.
(8)
Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a person. Estate sales shall not include garage sales and shall not contain any items for sale that are visible from the street. Only one estate sale shall be allowed per address in any one-year period. An estate sale shall only require the approval of the planning and zoning administrator or their designee and shall only require the submission of a temporary use permit application and fee.
(b)
Temporary use permit.
Including the application requirements contained in subsection (e), a permit for the temporary use of any property for the above-listed uses shall be secured from the town planning and zoning administrator prior to such use, after approval by the town council and after payment of all applicable fees. Final council approval shall be in the form of a resolution. Said resolution may contain any conditions, or waivers to this section, imposed by the council as a condition of approval in order to ensure that said use is allowed and conducted such that the community’s health, safety and welfare is protected.
(c)
Time period.
(1)
Except where provided herein, the time period for any use allowed by this section shall be specified in the approving resolution and may not be extended without the approval of the town council.
(2)
Any extension of the temporary use permit shall be issued by the town council upon written request by the applicant.
(d)
Application requirements.
An application for a temporary use permit shall be submitted a minimum of 30 days before the proposed use is to begin. At a minimum, the application shall contain the following:
(1)
A completed temporary use permit application to include the written authorization of the property owner if the property owner is not the applicant;
(2)
Payment of a temporary use permit fee;
(3)
A detailed written description of the request including the proposed time period for the temporary use;
(4)
A site plan, drawn to scale, of the proposed location of the temporary use including any site conditions such as parking, landscaping, screening, setbacks, etc.;
(5)
Pictures and/or architectural building elevations of any proposed buildings and structures;
(6)
Architectural and/or engineered specifications of any proposed buildings and structures where applicable.
(Ordinance 98-29, sec. XXXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.01; Ordinance 2016-27 adopted 8/9/16; Ordinance 2019-07 adopted 3/26/19)
§ 14.02.252 Sale of alcoholic beverages.
(a) Alcoholic beverage. Applicant. Bar/tavern. Beer. Commission. Licensee. Liquor. Liquor (package) store. Mixed beverage. Off-premises. On-premises. Permittee. Person. Premises. Private school. Public school. Restaurant or cafe. Wine and vinous liquor.
Definitions.
For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
A person who submits or files an original or renewal application with the Town, the county judge, or the Texas Alcoholic Beverage Commission, for a license or permit.
An establishment that derives seventy-five percent (75%) or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.
A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent (4%) of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
The Texas Alcoholic Beverage Commission.
A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent or employee of that person.
Any alcoholic beverage containing alcohol in excess of four percent (4%) by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor.
A business that sells alcoholic beverages, including liquor as defined herein, for consumption off-premises. For the purposes of this section, the term "liquor store" shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this section.
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Refers to the site of consumption rather than the site of sale, and refers to the sale of alcoholic beverages for off-premises consumption.
Refers to the site of consumption rather than the site of sale, and refers to the sale of alcoholic beverages for on-premises consumption.
A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
A school maintained by private individuals, religious organizations, or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religion or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges.
A school established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, town or other district. Schools belonging to the public and established and conducted under public authority.
An establishment 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. Said establishment may serve alcohol with a valid commission license as long as the establishment derives less than seventy-five percent (75%) of its gross revenue from alcohol sales, and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey. This definition includes wine coolers.
(b)
Prohibited sales.
The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to planned development districts approved exclusively for residential uses. Except as otherwise specifically allowed by the commission, or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, or public hospital. Measurement of such distance shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended.
(c)
Permit required and annual permit fee established.
(1)
It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute, or sell any beer, wine or other alcoholic beverage within the town without first paying the appropriate permit fee and obtaining a permit from the town to sell alcoholic beverages at a specific location.
(2)
The permit fee shall be equal to one-half of the fee charged by the state, as amended, for the particular license issued by the commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code.
(3)
The permit fee shall be collected on the same cycle as the state permits or licenses are issued or renewed by the commission. All permit fees required pursuant to this section shall be paid in advance to the town for two (2) years at the time of the application or renewal for the state permit or license with the commission. However, a mixed beverage permit fee shall not be collected during the three (3) year period following issuance of the State permit. The town shall collect the mixed beverage permit fee in the beginning of the second year of the first renewal of the permit and the permit fee shall be paid in advance to the town for one (1) year for the second year of the first renewal only. The mixed beverage permit fee shall be collected for a two (2) year period each renewal thereafter. Further, permittees or licensees who have been issued a two (2) year permit or license by the commission in 2023 shall be billed by the town annually in 2024 and the town will begin collecting the permit fee for two (2) years at a time in advance beginning with the renewal of the license or permit in 2025.
(4)
Permit applications shall be submitted to the director of community development, or the director of community development's designee.
(d)
Zoning compliance required.
No permit shall be granted under the terms of this section unless the location at which the business is sought to be established and maintained is a permitted use under the comprehensive zoning ordinance of the town as of or after the effective date thereof.
(e)
Business hours.
It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as amended.
(f)
Specific use permit ("SUP").
(1)
SUP required.
Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the town without first obtaining a SUP to do so from the town. All of the provisions of the SUP procedure shall apply in accordance with the town's comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing SUPs and the provisions contained in this section, the provisions of this section shall control.
(2)
SUP application.
In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the director of community development, or the director of community development's designee, with the appropriate fee established by the Town. The director of community development, or the director of community development's designee, shall process the application by submitting to the planning and zoning commission for its review and recommendation to the town council for approval or disapproval. The town council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages.
(3)
Compliance required.
Compliance with town codes and ordinances is required for on-premises sale and consumption of alcoholic beverages as follows:
(A)
Alcoholic beverage sales for off-premises consumption (beer and wine only).
A building utilized for the retail sale of beer and/or wine for off-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.
(B)
Alcoholic beverage sales for off-premises consumption - liquor (package) store.
The following provisions shall be required for liquor (package) stores:
(i)
A liquor (package) store shall not have walk-up window access, and shall not have drive-through or drive-up access.
(ii)
A liquor (package) store shall operate on premises that are not physically completely separate from any other business and the exterior design of the store shall show evidence of coordination with contextual influences of neighboring properties with regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site shall respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites.
(C)
Alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use.
A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.
(D)
Alcoholic beverages for on-premises consumption- bar or tavern.
A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The following additional provisions shall be required for bars or taverns:
(i)
A bar or tavern shall not be located closer than three hundred (300) feet to any property used exclusively for religious or educational purposes. The method of measurement shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. A hotel shall not be considered a residential use for the purpose of this section.
(ii)
The town council shall have full discretion to approve or deny a SUP application for a bar or tavern and may impose any reasonable condition deemed necessary by the town council, including expiration provisions, business name and signage, and change of ownership requirements to ensure community health, safety and welfare in approving a bar or tavern.
(E)
Procedures prior to issuance of permit.
Before any certification from the commission or other documentation of approval is signed by the town representative, such certificate or documentation shall be submitted to the director of community development, or the director of community development's designee to assure:
(4)
Additional development conditions/waivers.
The town council may attach additional development conditions, or grant specific waivers to applicable code requirements, to the SUP that the council, in its discretion, determines are appropriate for buffering, safety, security, and compatibility for and to adjacent properties.
(5)
Criteria and processing of SUP.
The following general conditions apply to all SUPs allowing the sale of any alcoholic beverages:
(A)
The applicant must design and operate the establishment for which a SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediate surrounding area.
(B)
The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the town.
(C)
As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the town to inspect such records during reasonable business hours.
(D)
The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the town.
(E)
The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct, and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.
(F)
The establishment shall provide adequate parking spaces to accommodate its employees and patrons provided, however, that the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.
(G)
The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area, and shall operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable town ordinances and state laws.
(H)
Unless specified as a condition of approval by the town council for a SUP, a SUP issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership of the property and/or business, and/or upon the revocation, termination or expiration of the certificate of occupancy.
(I)
All SUPs issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.
(6)
Denial of SUP.
The town council may deny a SUP if it affirmatively determines that the issuance of such SUP:
(A)
Is incompatible with the surrounding uses or property; or
(B)
Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the town and its inhabitants; or
(C)
Is found to be in noncompliance with any town ordinances, including without limitation failure to comply with any one or more of the provisions of this section.
(g)
Methods for determining distance measurement.
(1)
Church or public hospital.
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.
(2)
Public or private school.
The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be:
(A)
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(B)
If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(h)
Exception to distance requirements.
Upon receipt of a written request by an applicant, the planning and zoning commission will consider and make a recommendation to the town council to consider an exception to reduce the distance requirement contained in this section and the town council shall take final action on such recommendation based upon the criteria specified herein below:
(1)
A planning and zoning commission recommendation to reduce the distance requirement and final action of the town council to allow such reduction shall be based upon the following: The town council may allow an exception upon proof by the applicant that the applicant meets all of the following criteria:
(A)
Documented approval from surrounding property owners within the distance requirements for which the exception is sought;
(B)
Proof of preliminary approval from the commission;
(C)
A determination by the town council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and
(D)
After consideration of the health, safety and welfare of the public and the equities of such regulation, the town council determines that the exception is in the best interest of the community.
(2)
The town council shall have the authority to grant an exception under this section for temporary special events after review and recommendation by the planning and zoning commission. For such events, both the planning and zoning commission and the town council shall consider all of the following:
(3)
No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing.
(i)
SUPs and applications in existence as of October 11, 2016.
Any existing SUP for the sale of alcoholic beverages for on-premises consumption for which the SUP was either issued, or for which an application was received, prior to October 11, 2016 and said SUP has not expired, or said application has not been approved by the town council, said establishment shall not sell alcoholic beverages such that the gross receipts from alcohol sales exceed fifty percent (50%) of all gross receipts from all sales by the establishment. A new SUP must be granted by the town council in compliance with the requirements of this section in order to increase any alcohol-to-food-sales ratio for on-premises alcohol sales for any existing establishment and for any unapproved SUP where an active application has been submitted.
(j)
Possession or consumption prohibited in certain areas.
(1)
Athletic fields, parks, or public areas.
It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any town-owned or controlled athletic field, and all parking lots servicing such athletic fields except as specifically approved by the town council, ordinance, or town council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, in any Town-owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the Town-owned or used by the town and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the town except as specifically approved by the town council, ordinance, or town council approved policy which governs such conduct, or the approval of the town manager or the town manager's designee, through the special event review committee process.
(2)
Schools and school activities.
It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the town limits or at any school-related activity conducted within the town limits.
(Ordinance 2000-06, sec. XXXIV, adopted 3/21/00; Ordinance 2004-10, sec. II, adopted 3/1/04; 2006 Code, ch. 13, sec. 5.02; Ordinance 2011-17, secs. 2.02–2.05, 2.07, adopted 5/2/11; Ordinance 2016-45, secs. 2, 4, adopted 10/11/16; Ordinance 2022-24 adopted 7/26/2022; Ordinance 2024-07 adopted 4/22/2024)
§ 14.02.253 Accessory structures and uses.
An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main structure, and in accordance with the following:
(1)
All residentially zoned districts shall be subject to the following regulations.
(A)
Permitted accessory structures.
(i)
Except as otherwise provided herein, and excluding pools and covers, accessory structures less than one hundred twenty (120) square feet of floor area shall not require a building permit. Storage/utility buildings, regardless of size shall require a permit on all lots abutting public and private parks or the golf course.
(ii)
The following structures and uses shall be permitted as accessory to the principal structure provided that none shall be a source of income to the owner or user of the principal single-family dwelling:
a.
Detached private garage in connection with any use, provided that no such garage shall face a golf course; and provided that any detached garage which faces a street be located a minimum of forty-five feet (45') from the front property line; and provided, however, that the requirement that no such garage face any street shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town, unless otherwise provided by ordinance.
b.
Cabana, pavilion, gazebo.
c.
Storage/utility buildings (masonry or wood).
d.
Greenhouse (as hobby, not business).
e.
Home workshop.
f.
One flagpole less than twenty feet (20') in height per residential lot; flagpoles are allowed in the front yard but cannot be in town right-of-way or in any identified easements; and must be a minimum of six feet (6') from rear and side lot lines. Permissible flags are as defined in the Code of Ordinances, section 3.09.007.
g.
Tennis court/basketball court.
h.
Guest house.
i.
Swimming pool/hard top pool cover.
(iii)
In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located, except flagpoles as defined in subsection f. above:
(iv)
Location.
a.
There shall be no accessory structures located in any front yard or side yards, with the exception of a flagpole, as defined in subsection f. above.
b.
Accessory structures erected ten (10) feet or closer to the principal 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.
c.
If the total square feet under roof (including said accessory structures) exceeds 7,500 square feet, then the entire new accessory structure must be protected with a sprinkler system.
d.
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.
e.
Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located.
(v)
Height requirements/screening requirements.
a.
Hard top pool covers shall not exceed four feet (4') in height above the outside perimeter of the pool.
b.
Accessory structures permitted in these districts shall not exceed one story in height, the maximum height of one story not to exceed twenty feet (20'), except for storage/utility structures which shall not exceed eight feet (8') in height.
c.
Children’s playhouses and tree houses shall not exceed fifteen feet (15') in height at the highest point.
(2)
Nonresidential accessory structures.
All non-residentially zoned districts shall be subject to the following regulations. The following shall be permitted as accessory uses, provided that such use shall be located not less than twenty feet (20') from any street right-of-way:
(A)
Permitted accessory structures and uses in CG Commercial District and in NS Neighborhood Service District.
The following uses shall be permitted as accessory uses:
(i)
Screened garbage storage on a concrete pad and no nearer than fifty feet (50') to a residentially zoned district and not located between the front of the building and any street right-of-way.
(B)
Permitted accessory structures and uses in CR commercial district.
The following structures and uses shall be permitted as accessory structures and uses.
(C)
Permitted accessory uses in GU Governmental Use District and in PO Professional Office District.
The following uses shall be permitted as accessory, provided that none shall be a source of income to the owner or user of the principal use:
(i)
All other uses and structures which are customarily accessory, and clearly incidental to the structures, and which are allowed within the applicable zoning district.
(4)
Location.
There shall be no accessory structures located in any front yard or side yards, with the exception of a flagpole and signs, as defined by this division. Accessory structures erected ten (10) feet or closer to the principal 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) exceeds 7,500 square feet, 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 principal building. If the water’s 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.
(5)
Garage requirements.
(A)
A detached garage, used to meet the minimum off-street parking requirement, shall be permitted as an accessory use in a residential district and shall be constructed so as to accommodate the enclosed parking of at least two (2) automobiles.
(B)
A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory structure in a residential district, except as otherwise specifically provided.
(C)
Any detached garage shall set back at least forty-five feet (45') from the front property line of a residential lot.
(D)
Corner lots may have detached garages facing a side street if they set back a minimum of thirty-five feet (35') from the side street; however, no drive cuts will be allowed from any street classified as a major or minor collector street.
(6)
Design criteria.
All accessory structures shall conform to the following design criteria:
(A)
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.
(B)
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.
(7)
Public views.
Except as provided in subsection (6)(A) above, all storage/utility buildings and greenhouses abutting and viewable from public and private parks or golf courses shall be either screened so that they are not visible from any of those locations, or alternatively shall be constructed of at least 80% masonry materials. In order to meet the requirements of this section, one or more of the following shall be met.
(A)
Live screening.
Live screening as specified in this section shall be required. Live screening shall at no time exceed the maximum height allowed for a fence in that zoning district.
(B)
Masonry requirements.
Alternatively, uses specified in this section shall be constructed of at least eighty percent (80%) masonry materials. The exterior surface shall match the main structure to the greatest extent possible in materials and color.
(Ordinance 2005-09, sec. II, adopted 5/2/05; Ordinance 2005-14, sec. II, adopted 6/6/05; Ordinance 2006-34, sec. II, adopted 9/18/06; Ordinance 2006-46, sec. 2, adopted 11/20/06; 2006 Code, ch. 13, sec. 5.03; Ordinance 2008-24, secs. 2.02–2.04, adopted 9/8/08; Ordinance 2009-09, sec. II, adopted 5/18/09; Ordinance 2009-20, sec. II, adopted 8/24/09; Ordinance 2009-29, sec. 2.02, adopted 11/02/09; Ordinance 2017-18, secs. 2.02–2.03, adopted 8/8/17)
§ 14.02.254 Height limits.
Height limitations stipulated elsewhere in this ordinance shall be modified such that 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. All such portions of buildings and/or structures extending in excess of ten (10) feet above the permitted height as provided in each zoning district shall require approval of the town council prior to issuance of a building permit. In the case of nonresidential structures all such extensions shall be clearly noted and detailed on a site plan.
(Ordinance 98-29, sec. XXXVI, adopted 12/1/98; Ordinance 2000-06, sec. XXXVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.04)
§ 14.02.255 Required yards.
(a)
Adjacent to streets.
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.
(b)
Minimum requirement.
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 setback depth.
(c)
Reduced by platting.
The front yard or side yard setback may be reduced by platting if approved by the P&Z and council for a specific and unusual conditions; but shall not be less than fifteen feet (15') for a front yard or 10 feet for a side yard, unless otherwise provided by the district or a planned development.
(d)
Play area equipment.
Play area equipment shall be located in the required rear yard.
(Ordinance 98-29, sec. XXXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.05)
§ 14.02.256 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 shall be not more than two feet (2') into any required yard.
(2)
Balconies, bay windows and chimneys shall be not more than three feet (3') into front yards, or two feet (2') into side and rear yards.
(3)
Patios may be located no closer than five feet (5') to any side yard property line nor closer than ten feet (10') to the rear property line unless approved by the town. In the case of a corner lot, patios shall be subject to the regular street side yard requirements of the district.
(4)
An open fire escape shall be not more than three and one-half feet (3-1/2') into rear yards, provided that such structure does not obstruct ventilation or light.
(5)
Fences and walls adjacent to streets and located on corner lots shall be located on the setback line as established by the front and side yard regulations of the district.
(6)
Mechanical equipment.
(A)
In districts zoned CG, CR or GU, PO, or NS, no mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, shall be permitted in the required side yard or rear yard abutting a residentially zoned district.
(B)
No structure used for a nonresidential purpose may be located in a residentially zoned district.
(C)
No air conditioning apparatus shall be attached to any wall or window of a residence. No evaporative cooler shall be attached to any wall or window of a residence.
(Ordinance 98-29, sec. XXXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXXVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.06)
§ 14.02.257 Right-of-way and easement dedication requirements.
Right-of-way and easement dedication shall be made in accordance with the town subdivision regulations and comprehensive land use plan.
(Ordinance 98-29, sec. XXXIX, adopted 12/1/98; Ordinance 2000-06, sec. XXXIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.07)
§ 14.02.258 Nonconforming uses and structures.
(a)
Intent.
Within the districts established by this ordinance, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the district involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in this same district.
(b)
Nonconforming building or structure.
When on the effective date of this ordinance, a building or structure, exists that could not be built under the terms of this ordinance by reason or restrictions on area, lot coverage, height, yards, or other characteristics of the building or structure, or its location on the lot, such building or structure may be continued subject to the following provisions:
(1)
No nonconforming building or structure may be enlarged or altered in any way which increases the degree or extent of the nonconforming feature without approval of a building permit which has been authorized by the zoning board of adjustment, and provided further that no building or structure having nonconforming feature shall be moved, reconstructed or substituted with another building or structure unless such nonconforming feature is thereby eliminated and the building or structure is made to conform to the provisions of this ordinance. However, nothing in this provision shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure, nor the alteration, strengthening or restoration to safe condition as may be required by law with the issuance of a building permit approved by the building official.
(2)
When a nonconforming building or structure is damaged by fire or other causes, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its value according to the most current value shown on the appraisal roll of the tax appraisal district, the building official is authorized to approve a building permit for reconstruction. If greater than fifty percent of such value, upon approval of the zoning board of adjustment the building official may issue a permit for repair, but not for the enlargement of the building or structure, but only after consideration has been given for removal of the nonconforming feature.
(3)
The right to use and maintain any nonconforming building or structure shall terminate and shall cease to exist whenever the nonconforming building or structure becomes substandard under any applicable ordinance of the town and the cost of replacing such building or structure is [in] lawful compliance with the applicable ordinance exceeds fifty percent of the replacement costs of such building or structure.
(4)
In determining the replacement cost of any nonconforming building or structure, there shall not be included therein the cost of land or any factors other than the most current value shown on the appraisal roll of the tax appraisal district of the nonconforming building or structure itself, including foundation.
(c)
Nonconforming uses.
When on the effective date of this ordinance, a use of a building or structure or of a building or structure and premises in combination, exists that would not be allowed in the district under the terms of this ordinance, the use may be continued subject to the following provisions:
(1)
No building or structure associated with a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered without approval of a building permit which has been authorized by the board of adjustment, provided that nothing in this provision shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure, nor prohibit the alteration, strengthening or restoration to safe condition as may be required by law after the issuance of a building permit by the building official.
(2)
The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this ordinance may require abatement within a given period of time; provided, the right to continue such nonconforming use shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance.
(3)
Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed to another nonconforming use or be returned to a nonconforming use status.
(4)
Whenever a building or structure containing a nonconforming use is destroyed by fire or the elements, it shall not be reconstructed except in conformance with the provisions of this paragraph. In the case of partial destruction by fire or other causes, not exceeding fifty percent of its current replacement value, the building official is authorized to approve a building permit for reconstruction. If greater than fifty percent of its current replacement value, the zoning board of adjustment is authorized to consider approval of a building permit for reconstruction.
(5)
Whenever a building or structure containing a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this ordinance. Abandonment shall involve the intent of the owner to discontinue a nonconforming use [and any use] which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned. A nonconforming use shall also be considered abandoned when it has been replaced with a conforming use or the zoning district boundaries have been changed so as to make the use conform with these regulations.
(d)
Nonconforming lots.
When on the effective date of this ordinance, a lot of record exists which contains less than the minimum lot requirements for area, depth or width, as contained in this ordinance, such lot of record may be used for any valid use, building or structure authorized in this ordinance, provided that the requirements for building setback, side yard, rear yard, height, parking, landscaping and other applicable provisions of this ordinance are satisfied.
(Ordinance 98-29, sec. XL, adopted 12/1/98; Ordinance 2000-06, sec. XL, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.08)
§ 14.02.259 Site plan requirements.
Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Except as otherwise provided herein, all site plans must be approved by the town council upon recommendation of the planning and zoning commission.
(1)
Requirement prior to building permit.
When required by this ordinance, a site plan must be approved prior to issuance of a building permit by the town.
(2)
Changes to the site plan.
Changes to the site plan shall be processed in the same manner as the original approved site plan.
(A)
Except as otherwise provided in subsection (2)(C) of this section, any site plan that is amended shall require approval of the town council upon recommendation of the planning and zoning commission.
(B)
Changes to the site plan which will affect the use of the land shall require either an amendment to a PD or a rezoning of property, whichever applies, and shall require the appropriate public hearings.
(C)
Minor changes of details within a site plan, which do not create a significant change to the physical and aesthetic character to a previously approved site plan as approved by the town council, may be authorized by the town manager or their designee when such minor changes will not cause any of the following circumstances to occur:
(i)
Changes to any development requirement and/or preference imposed by the town council as a condition of approval of the site plan; or
(ii)
Any change to a landscaping, building design or other requirement that is not generally consistent with the approved plan(s) and fails to meet the minimum requirements of any town ordinance, pertinent PD district, specific or conditional use permit, or any other valid legislative regulation imposed on the site; or
(iii)
A change in floor area and/or the ratio of the gross floor areas in structures to the area of any lot; or
(iv)
A change in the intensity of use and/or density of residential units; or
(v)
A change in the originally approved separations between buildings; or
(vi)
A change in any impacts related to traffic circulation, public health and safety, utility construction; or
(vii)
A change in any effect of the development upon on adjacent property including light, noise, odor and visual obstruction; or
(viii)
A change in the originally approved setbacks from property lines; or
(ix)
A change in height of any structures; or
(x)
A change in ground coverage by structures; or
(xi)
A change in the ratio of off-street parking and loading space to gross floor area in the structures; or
(xii)
A change in the subject, size, lighting, flashing animation or orientation of originally approved signs; or
(xiii)
Any change that would require the approval of a variance or waiver to any code or zoning district requirement where none currently exists.
(3)
Council approval.
Upon recommendation by the planning and zoning commission, council approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Hearings held by the council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of section 14.02.406, Public Hearings.
(4)
Compliance with town design standards.
The site plan must comply with design standards, policies, and any design criteria deemed necessary to the safety, health, and welfare of the town.
(5)
Site plan contents.
The site plan shall contain the information listed below and any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the planning and zoning commission, the town council and the staff personnel required to enforce and interpret this ordinance.
(A)
The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within one hundred feet (100').
(B)
Lighting and/or fencing and/or screening of yards and setback areas and proposed changes.
(C)
Design of ingress and egress.
(D)
Off-street parking and loading facilities, and calculations showing how the quantities were obtained.
(E)
Height of all structures.
(F)
Proposed uses.
(G)
Landscape plan.
(H)
Tree survey indicating location, size, and type of all existing trees.
(I)
The location and type of all signs, including lighting and heights.
(J)
Elevation drawings citing proposed exterior finish material.
(K)
Street names on proposed streets.
(L)
Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns.
(M)
Engineering drawings of all improvements to be dedicated to the town or MUD if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time.
(N)
Utility and drainage easements for dedicated infrastructure, if required.
(O)
Such additional terms and conditions, including design standards, as the planning and zoning commission and the town council deem necessary.
(Ordinance 98-29, sec. XLI, adopted 12/1/98; Ordinance 2000-06, sec. XLI, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.09; Ordinance 2015-04 adopted 5/26/15)
§ 14.02.260 Wireless antennas and antenna facilities.
(a)
Purpose.
Wireless telecommunications facilities used in transmitting and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the town. The purpose of this section is to govern the placement of these facilities to:
(1)
Assure that their location and use do not compromise the aesthetic quality of the community;
(2)
Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal;
(3)
Encourage co-location on both new and existing antenna facilities;
(4)
Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques;
(5)
Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and [sic]
(b) Alternative tower structure. Amateur radio antenna. Antenna. Antenna, building attached. Antenna facility. Co-location. Equipment storage building. Monopole. Preexisting towers and preexisting antennas. Satellite receive-only antenna. Stealth facility. Tower. Tower, lattice. TV antenna.
Definitions.
In this section the following definitions apply:
Clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of “stealth facility.”
A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission.
A device used in communications, which transmits or receives radio signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Antenna attached to an existing structure in two general forms: (i) roof-mounted, in which antennas are placed on the roofs of buildings, or (ii) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.
Any structure, monopole, tower, or lattice tower used to support antennas.
The act of locating wireless communications equipment for more than one use on a single antenna facility.
An unmanned, single-story equipment building used to house radio transmitters and related equipment.
A self-supporting antenna facility composed of a single spire used to support communications equipment or other visible items.
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.
“Stealth” is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. This includes self-supporting lattice towers, light standards, guyed towers, monopole towers, alternative tower facilities or any other vertical support. This also includes the structure and any support thereto.
A self-supporting tower having three or four support legs with cross-bracing and the capacity to hold a number and a variety of antennas.
An antenna that enables the receipt of television signals transmitted from broadcast stations.
(c)
Applicability/general regulations.
The following regulations apply to all antenna facilities and antennas located within any district:
(1)
Applicability.
Except as specifically provided, all new towers or antennas in the town shall be subject to the regulations contained in this ordinance. Preexisting towers or antennas shall not be required to meet the requirements of this ordinance, other than those contained in subsections (c)(9) and (11) of this section.
(2)
Equipment and storage building.
An equipment storage building associated with an antenna facility or an antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. Masonry construction meeting the definition of masonry as provided herein: Alternative material that achieves compatible screening may be permitted upon approval by the town council and recommended by the planning and zoning commission.
(3)
Driveway surfaces.
All driveways accessing any antenna facility site or equipment storage site shall have an asphalt or concrete pavement.
(4)
No outdoor lighting shall be allowed on antennas located on residentially zoned property except lights or lighting that is by required by the Federal Aviation Administration or the Federal Communications Commission.
(5)
Antenna facility capacity.
An antenna facility shall not have more than the number and size of antennas attached to it than are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements.
(6)
Monopoles.
No guy wires are permitted with the use of monopoles.
(7)
Prohibited in easements.
Antenna facilities constructed solely for the purpose of supporting antennas shall not be placed in an easement, unless authorized by the easement holder.
(8)
Construction standards.
A building permit must be obtained prior to the construction or installation of a tower, antenna, or mast. An antenna facility must be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Additionally, all antenna facilities shall comply with applicable state and local building codes.
(9)
Building codes/safety standards.
The exemption of an antenna facility from the requirement to obtain a conditional use permit under this ordinance shall not exempt the owner of such facility or his agents from compliance with permitting, building code or the requirements of other applicable ordinances. To ensure the structural integrity of antenna facilities, the owner of an antenna facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the town concludes that an antenna facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the antenna facility at the owner’s expense. This notice requirement shall not preclude immediate action by the building official as allowed by law if public safety requires such action.
(10)
Contained on property.
No part of an antenna facility, antennas, or other attachment may extend beyond the property lines of the lot on which the antenna or antenna facility is located.
(11)
State or federal requirements.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(d)
Amateur radio and TV antennas.
Amateur radio and TV antennas are permitted as accessory uses in the R-15, R-12, R-11, R-10, R-9, R8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts. Amateur radio and TV antennas must comply with the following regulations:
(1)
Antenna facility type.
The antenna facility may be either building attached, a monopole, tower, or a lattice tower.
(2)
Number of facilities per lot.
Only one antenna facility exceeding thirty-five feet (35') in height is permitted on each lot.
(3)
Height limitations.
An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height; except, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations to a maximum height of 65 feet in a residential district. A conditional use permit is required for additional height.
(4)
Height limit for building-mounted antenna.
An antenna shall not extend more than eight feet above a building on which it is mounted, regardless of the height of the structure.
(5)
Setbacks.
Antennas and antenna facilities shall not be permitted within any required setback area. Guy wires are not permitted in front or side areas from the face of the structure to the street right-of-way.
(6)
Lights.
No outdoor lighting shall be allowed on antenna facilities located on residentially zoned property, except lights or lighting that is required by the Federal Aviation Administration or the Federal Communications Commission.
(e)
Satellite receive-only antennas generally.
A satellite receive-only antenna is permitted as an accessory use under the following conditions:
(f)
Satellite receive-only antennas greater than one meter in diameter in residential districts and greater than two meters in diameter in nonresidential districts are permitted as accessory uses if they comply with the following regulations:
(1)
Number of antennas per lot: Only one satellite receive-only antenna per lot of record.
(2)
Height: Not exceeding ten feet in height.
(4)
Separation: No minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.
(5)
Screening: Satellite receive-only antennas that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six feet. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened.
(g)
Placement of antenna facilities (other than amateur radio, TV, and satellite receive-only antennas) within land use thresholds.
For the purpose of determining the appropriate locations for the placement of antenna facilities other than amateur radio, TV, and satellite receive-only antennas, the town is divided into land use threshold areas that require different regulations pertaining to height, location, and type of antenna facility. These land use thresholds are defined as follows.
(1)
Full commercial “FC”:
Property within the CG, CR, NS, PO, or nonresidential planned development zoning districts.
(2)
Undeveloped residential “UR”:
Property within R-15, R-12, R-11, R-10, R-9, R-8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts, that:
(3)
Wireless corridors “WC”:
Property within, and one hundred fifty feet (150') either side of, the right-of-way of a freeway or a major or minor arterial roadway, as indicated on the town’s thoroughfare plan.
(4)
Developed residential “DR”:
Property within the R-15, R-12, R-11, R-10, R-9, R-8, R-FV, R-TT, T-OH, R-OHF, R-S, MH, or any residentially zoned planned development districts, which:
(h)
Antenna facility impact levels.
For the purpose of determining appropriate locations for antenna facilities, the town recognizes differing levels of impact for antenna facilities depending upon physical location, aesthetics, and land uses compatibility. These antenna facility impact levels are defined as follows:
(1)
Monopole.
A monopole as permitted with a conditional use permit. The antenna equipment may not extend more than five feet (5') above the highest point on the monopole.
 |
 |
(2)
Level 4 stealth facility.
The antenna on a Level 4 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is not screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the antenna but shall not be any higher than the original structure that it is replacing.
(3)
Level 3 stealth facility.
The antenna on a Level 3 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings.
(4)
Level 2 stealth facility.
The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development.
(5)
Level 1 stealth facility.
The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development.
 |
(i)
Antenna facility siting matrix.
Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with a conditional use permit, and areas where they are prohibited.
Antenna Facility Siting Matrix | |
|---|---|
P | Permitted use |
C | Requires a conditional use permit |
Prohibited |
FC | UR | WC | DR | |
|---|---|---|---|---|
Monopole over 120 ft. | ||||
Monopole up to 120 ft. | C | C | C | |
Level 4 stealth facility | P | P | C | C |
Level 3 stealth facility | P | P | P | C |
Level 2 stealth facility | P | P | P | C |
Level 1 stealth facility | P | P | P | P |
(j)
Conditional use permit.
When a conditional use permit is required by this section for the location of an antenna facility or an antenna, the property owner must submit an application in accordance with the procedure established in this ordinance.
(1)
Application.
In order to properly evaluate an application to locate an antenna facility or an antenna that requires a conditional use permit, in addition to the information required from applicants applying for conditional use permits under other provisions of the town’s zoning ordinance, the applicant for a conditional use permit under this section shall provide the following information:
(A)
Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.
(B)
Provide photos or drawings of all equipment, structures, and antennas. Additionally, an applicant shall provide a scaled site plan clearly indicating the location, type and height of the proposed antenna facility, on-site land uses and zoning, adjacent land uses and zoning, proposed means of access, setbacks from property lines, elevation drawings of the proposed antenna facility and any other structures, topography, parking, and other information as reasonably determined by the town to be necessary to assess compliance with this ordinance. All drawings shall be scaled drawings.
(C)
Describe why the antenna or tower is necessary at the particular location.
(D)
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.
(E)
Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider.
(F)
The town does not require co-location; however, the applicant must address whether it has made an effort to co-locate the facilities proposed for this antenna facility on existing antenna facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites’ owners and/or operators which confirm the statements provided. Indicate whether the existing sites allow/promote co-location and, if not, describe why not.
(G)
Indicate whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason.
(H)
If the requested location is in a residential district the applicant must address whether it has made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. Provide written documentation from nonresidential district sites’ owners or operators which confirm the statements provided.
(I)
Indicate the proposed provider’s current coverage area for the town. Attach maps showing the areas the proposed provider’s existing antenna currently covers, [and] the areas the applicant’s existing sites and the requested site would cover.
(J)
Describe the applicant’s master antenna facilities plan for the town. Attach maps and other related documentation. Provide information indicating each phase of the plan.
(K)
Describe the applicant’s plan to minimize the number of antenna facilities needed to cover the town.
(2)
Consideration of application.
In considering whether to grant a conditional use permit, the following shall be considered:
(A)
The effect that location of the antenna facility will have on the monetary value of the surrounding property;
(B)
The potential for interference with the enjoyment of the use surrounding properties;
(C)
Aesthetics; impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; proposed buffering; and the design of the antenna facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(D)
The proposed height of the antenna facility relative to surrounding structures;
(E)
The zoning district and the adjoining zoning districts of the property for which a conditional use permit is sought;
(F)
The unique conditions that govern reasonable reception on the antenna facility on any given lot; and
(G)
The availability of suitable alternative sites: Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a conditional use permit is requested. The applicant shall provide documentation supporting his contention that alternative site(s) are not suitable and/or available.
(3)
Procedures for consideration of conditional use permit.
The procedures for consideration of an application for conditional use permit requested under this section of the ordinance shall be the same as those procedures for request of a conditional use permit under section 14.02.301 of this article.
(k)
Written report.
Denial of an application for conditional use permit under this section shall be documented in accordance with the requirements established in the Telecommunications Act of 1996, as amended.
(l)
Appeal.
An applicant may appeal the decision of the planning and zoning administrator to the planning and zoning commission by filing a written notice of appeal within ten (10) days following the date the administrator notifies the applicant of his decision. The planning and zoning commission may approve, conditionally approve, or deny an appeal. The applicant may appeal the planning and zoning commission’s denial to the town council by filing a written notice of appeal with the town secretary within ten (10) days following the denial by the commission. A decision not timely appealed in accordance with this section shall be final.
(Ordinance 2000-06, sec. XLII, adopted 3/21/00; Ordinance 2001-08, sec. II, adopted 4/16/01; 2006 Code, ch. 13, sec. 5.10)
§ 14.02.261 Home occupations.
Home occupations may be conducted within residential units provided such home occupations are “transparent” to the neighborhood. The following regulations shall apply:
(1)
No person other than members of the family residing on the premises shall be engaged in the home occupation;
(2)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty percent (20%) of the floor area of the dwelling unit, not including the garage or accessory structure, shall be used in the conducting of the home occupation;
(3)
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted;
(4)
There shall be no direct sales of goods or products from the dwelling in connection with such home occupation;
(5)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
(6)
No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a residence. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
(7)
The operation of a beauty salon, barbershop, pet grooming establishment, or repair services shall not be permitted as a home occupation; and
(8)
No outdoor storage of any type shall be permitted with any home occupation.
(Ordinance 98-29, sec. XLIII, adopted 12/1/98; Ordinance 2000-06, sec. XLIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 5.11)
§ 14.02.262 Oil and gas well drilling and production.
(a)
Purpose.
The exploration, development and production of oil or gas in the town is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this section to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the town to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources.
(b) Abandonment. Applicant/permittee. Drill site. Drilling. Exploration. Fire code. Gas. Gas well. Gas well permit. Gathering station. Habitable structure. Hazardous materials management plan. New well. Oil. Oil and gas well manual. Oil well. Oil well permit. Operation site. Operator. Person. Petroleum specialist. Pipeline easement map. Railroad commission. Structure. Town. Town designee. Town staff. Well. Wellhead.
Definitions.
All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Abandonment” as defined by the railroad commission and includes the plugging of the well and restoration of the drill site as required by this ordinance.
A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns.
The area used for drilling, completing, or reworking a well.
Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned.
Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
The fire code adopted by the town, as amended.
Gas or natural gas, as such terms are used in the rules, regulations, or forms of the railroad commission.
Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the railroad commission.
A gas well permit applied for and issued or denied under this ordinance authorizing the drilling, production, and operation of one or more gas wells.
Specific use site where the gathering lines for all the wells converge.
Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure.
The hazardous materials management plan and hazardous materials inventory statements required by the fire code.
A new well bore or new hole established at the ground surface and shall not include the reworking of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit.
Oil, as such terms are used in the rules, regulations, or forms of the railroad commission.
Adopted by town council.
Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the railroad commission.
An oil well permit applied for and issued or denied under this ordinance authorizing the drilling, production, and operation of one or more oil wells.
The area used for development and production and all related operational activities of oil and gas after drilling activities are complete.
For each well, the person listed on the railroad commission Form W-1 or Form P-4 for an oil or gas well.
Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind.
A person familiar with and educated in the oil and gas industry who has been retained by the town.
A map indicating all gathering line easements. The easements must be located separately from the utility easements.
The railroad commission of Texas.
Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage.
The Town of Trophy Club, Texas.
Qualified oil and gas consultant as determined by the town manager.
Employees and independent contractors performing services for the town, including but not limited to the fire marshal.
A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons.
A fitting (usually forged or cast steel) on the top of a well.
(c)
Oil and gas well drilling and production “by specific use permit (SUP)”.
(1)
The drilling and production of oil and gas within the corporate limits of the town shall be permitted by specific use permit provided that the property line of any residential structure or public building, institution or school is a minimum of one thousand feet (1,000') from the wellhead and provided that the drilling and production of oil or gas meets the following requirements:
(A)
All applicable standards set forth in this ordinance and the oil and gas well manual, standards for oil and gas well drilling and production;
(B)
An approved oil and gas well development site plan and a road repair agreement are on file with the town; and
(C)
An oil or gas well permit has been issued by the town.
(2)
Except as specifically provided herein, the drilling and production of oil and gas within the corporate limits of the town shall be permitted by specific use permit as close as two hundred fifty feet (250') from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this ordinance and a specific use permit.
(3)
Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “applicant”), the town council, upon recommendation by the planning and zoning commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one thousand foot (1,000') setback specified in subsection (c)(1) of this section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an applicant from accessing his/her mineral interest. The applicant may make such request for waiver as a part of his/her SUP application.
(4)
If a gas well is no longer being drilled but has been fitted with a wellhead and is a producing well, the distance from wellhead to habitable structure shall be a minimum of 200 feet. For this subsection (4) only, a “producing well” is defined as: gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead.
(d)
Specific use permit application requirements.
(1)
No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the town without first obtaining a specific use permit.
(2)
An application for a specific use permit for the drilling and production of an oil or gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The applicant shall submit information evidencing his/her authority to file an application with the town.
(3)
All applications to be considered for oil and gas drilling and production under these regulations shall be submitted to the town planning and zoning coordinator, along with a completed application and fees, and must be in accordance with all ordinance requirements. An application for specific use permit may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. An application for approval shall be considered administratively complete when town staff determines that it meets all requirements of applicable town ordinances so that it may be reviewed by the planning and zoning commission, has been placed on the agenda for the commission, and the agenda has been posted as required by law. An incomplete application shall not be considered “filed” with the town as defined in this ordinance, but shall be returned to the applicant for completion and resubmittal.
(e)
Recommendations for specific use permits.
(1)
The planning and zoning coordinator shall forward all applications for specific use permits to the planning and zoning commission for review. An application may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. The planning and zoning commission shall review each application within thirty (30) days after filing and shall make recommendations regarding the applications to the town council. A copy of all recommendations shall be provided to the operator. The planning and zoning commission may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in this ordinance.
(2)
In connection with its review of an application for a specific use permit for the drilling and production of gas wells, the planning and zoning commission may determine that it is necessary to hire a petroleum specialist to assist the commission in reviewing the application. If such a determination is made, the planning and zoning commission will provide the operator a written “scope of work” that the commission proposes for such specialist. The planning and zoning commission and the operator will attempt to agree upon the “scope of work”; however, the decision of the commission shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment.
(3)
The planning and zoning commission has the authority to establish guidelines to use in making recommendations for a specific use permit. Guidelines shall be placed in the oil and gas well manual.
(4)
A public hearing shall be conducted for all applications for SUP pursuant to section 14.02.302 of the town’s comprehensive zoning ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in section 14.02.406 [14.02.403] of the comprehensive zoning ordinance, entitled “Amendments,” and as required by state law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500') of the property line or one thousand feet (1,000') from the wellhead, upon which an SUP application for oil and/or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the town manager may, at her discretion require additional notice at the applicant’s expense.
(f)
Oil and gas well permit required.
(1)
Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the town without first obtaining an oil and gas well permit issued under this ordinance. An operator may apply for and obtain separate permits covering each well or a “blanket” permit covering multiple wells within a specific use permit.
(2)
When an oil and gas well permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors. An oil and gas well permit shall also constitute authority for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors.
(3)
An exploration permit shall be required for exploration for oil or gas. Exploration for oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
(4)
An oil and gas well permit shall not, however, constitute authority for the reentering and drilling of an abandoned well. Reentry and drilling of an abandoned well shall require a new oil and gas well permit.
(5)
Applications for oil and gas well permits shall be in accordance with the following:
(A)
Shall be submitted in writing, on forms provided by the town.
(B)
Shall include a copy of the applicable pipeline easement map indicating the gathering station site.
(C)
Shall be signed by the operator.
(D)
Shall include the information required by the oil and gas well manual unless such information has been previously provided to the town.
(g)
Review of applications for oil and gas well permit.
(1)
All applications for oil and gas well permits shall be filed with the planning and zoning coordinator who shall immediately forward all applications to the town designee for review. Incomplete applications shall be returned to the applicant, in which case the town shall provide a written explanation of the deficiencies if requested by the applicant. The town shall retain a processing fee determined by the town’s fee schedule, adopted by ordinance. The town may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.
(2)
The town designee shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this ordinance, whether the application is in conformance with the applicable oil and gas well development site plan, the applicable specific use permit, and whether the application is in conformance with the insurance and security requirements set forth in this ordinance. The town designee shall forward a written report regarding its determination to the operator.
(3)
The town designee shall review the application and the written report of the fire marshal and shall issue the oil and gas well permit within ten (10) days after receiving the fire marshal’s report unless it is determined that the application is incomplete or that the application is not in conformance with the applicable development site plan and applicable specific use permit. The town designee may employ a technical advisor.
(4)
The town designee may condition the release of the approved oil and gas well permit upon the operator providing the security required by this ordinance and upon the operator entering into a road repair agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved oil and gas well permit.
(5)
The failure of the town designee to review and issue an oil and gas well permit within the time limits specified above shall not cause the application for the permit to be deemed approved.
(6)
Each oil and gas well permit issued by the town shall:
(A)
Identify the name of each well and its operator;
(B)
Specify the date on which the town issued each permit;
(C)
Specify the date by which drilling must commence on at least one (1) well covered by the permit, otherwise the permit expires (such date shall not be less than one (1) year after the date of issuance). A one (1) year extension of time may be granted if existing conditions are the same;
(D)
Specify that if drilling is commenced on at least one (1) well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site(s) restored;
(E)
Incorporate, by reference, the insurance and security requirements set forth in this ordinance;
(F)
Incorporate, by reference, the requirement for periodic reports and for notice of activities set forth in this ordinance;
(G)
Incorporate the full text of the release of liability provisions set forth in this ordinance;
(H)
Incorporate, by reference, the conditions of the applicable development site plan and applicable specific use permit;
(I)
Incorporate, by reference, the information contained in the permit application;
(J)
Incorporate, by reference, the applicable rules and regulations of the railroad commission, including the applicable “field rules”;
(K)
Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this ordinance;
(L)
Contain the name, address, and phone number of the person designated to receive notices from the town, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and
(M)
Incorporate by reference all permits and fees required by the town.
(7)
The decision of the town designee to deny an application for an oil and gas well permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the town council.
(8)
If the town denies an application for an oil and gas well permit, nothing herein contained shall prevent a new permit application from being submitted to the town for the same well.
(h)
Insurance and indemnification.
The operator shall provide or cause to be provided the insurance described below for each well for which an oil and gas well permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a “blanket basis for multiple wells.” The operator shall provide an affidavit from the operator’s insurance company certifying that the insurance provided complies with the requirements of this ordinance.
(1)
General requirements; indemnification and express negligence provisions.
(A)
Each oil and gas well permit issued by the town shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Trophy Club and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator [sic] shall fully defend, protect, indemnify, and hold harmless the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under an Oil and Gas Well Permit, and the Operator agrees to indemnify and hold harmless the Town of Trophy Club, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Trophy Club, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
(B)
All policies shall be endorsed to read “This policy will not be cancelled or non-renewed without thirty (30) days’ advance written notice to the owner and the Town except when this policy is being cancelled for nonpayment of premium, in which case ten (10) days’ advance written notice is required.”
(C)
Liability policies shall be written by carriers licensed to do business in Texas and with companies with A:VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the town.
(D)
Liability policies shall name as “additional insured” the town and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the town.
(E)
Certificates of insurance must be presented to the town evidencing all coverages and endorsements required by this ordinance, and the acceptance of a certificate without the required limits and/or coverages shall not be deemed a waiver of these requirements.
(F)
Claims made policies will not be accepted except for excess policies or unless otherwise provided by this ordinance.
(2)
Required insurance coverage.
(A)
Commercial general liability insurance.
(i)
Coverage should be a minimum combined single limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury.
(ii)
Environmental impairment (or seepage and pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If environmental impairment (or seepage and pollution) coverage is written on a “claims made” basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of one million dollars ($1,000,000.00), per occurrence.
(B)
Automobile liability insurance.
Minimum combined single limit of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and property damage. Such coverage shall include owned, non-owned, and hired vehicles.
(C)
Worker’s compensation insurance.
In addition to the minimum statutory requirements, coverage shall include employer’s liability limits of at least one hundred thousand dollars ($100,000.00) for each accident, one hundred thousand dollars ($100,000.00) for each employee, and a five hundred thousand dollars ($500,000.00) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the town, its officials, agents, employees, and volunteers for any work performed for the town by the operator. As an alternative to worker’s compensation the operator may provide the equivalent to employer’s liability insurance meeting the requirements of this section.
(D)
Excess (or umbrella) liability insurance.
Minimum limit of ten million dollars ($10,000,000.00) covering in excess of the preceding insurance policies.
(E)
Control of well insurance.
(i)
Minimum limit of five million dollars ($5,000,000.00) per occurrence.
(ii)
Policy shall cover the cost of controlling a well that is out of control, redrilling or restoration expenses, seepage and pollution damage. Damage to property in the operator’s care, custody, and control with a sub-limit of five hundred thousand dollars ($500,000.00) may be added.
(i)
Security.
(1)
A security instrument that covers each well must be delivered to the town before the issuance of the oil and gas well permit for the well. The instrument must provide that it cannot be cancelled without at least thirty (30) days’ prior written notice to the town and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten (10) days’ prior written notice for nonpayment of premium. The instrument shall secure the obligations of the operator related to the well to:
(A)
Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the oil and gas well permit;
(B)
Comply with the insurance and security provisions set forth in this ordinance.
(C)
Pay fines and penalties imposed upon the operator by the town for any breach of the oil and gas well permit.
(D)
The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the town. The instrument shall run to the town for the benefit of the town, shall become effective on or before the date the oil and gas well permit is issued, and shall remain in effect until the well is abandoned and the site restored.
(E)
A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the town, shall be approved by the town, shall be payable to the order of the town to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the town designee. Interest on the certificate shall be payable to the operator.
(F)
The security instrument may be provided for individual wells or on a “blanket” basis for multiple wells. The amount of the security shall be a minimum of fifty thousand dollars ($50,000.00) for any single well and a minimum of one hundred thousand dollars ($100,000.00) for multiple wells on a “blanket” basis.
(G)
In the event that the town determines that the operator’s insurance is insufficient, the security will terminate when the oil and gas well permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the town designee and/or town staff consents in writing to such termination.
(H)
An appeal of the determination of the amount of security required under this ordinance may be made to the planning and zoning commission for recommendation to the town council for final determination of the amount of security.
(j)
Periodic reports.
The operator shall notify the planning and zoning coordinator of any changes to the following information immediately, within one (1) business day after the change occurs.
(1)
The name, address, and phone number of the operator;
(2)
The name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities;
(3)
The name, address, and phone number of the person designated to receive notices from the town, which person must be a resident of Texas that can be served in person or by registered or certified mail; and
(4)
The operator’s emergency action response plan including “drive-to-maps” from public rights-of-way to each SUP site.
(5)
The operator shall provide a copy of any “incident reports” or written complaints submitted to the railroad commission or any other state or federal agency within thirty (30) days after the operator has notice of the existence of such reports or complaints.
(6)
Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the town that the well has been abandoned and the site restored, the operator shall prepare a written report to the town identifying any changes to the information that was included in the application for the applicable oil and gas well permit that have not been previously reported to the town.
(k)
Notice of activities.
Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the town at least ten (10) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty-four (24) hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four (24) hour phone number of the person conducting the activities. If the town determines that an inspection by the town designee and/or town staff is necessary, the operator will pay the town’s customary charge for the inspection.
(l)
Abandonment of wells and pipelines.
(1)
Abandonment of wells.
Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least ten feet (10') below the surface.
(2)
Abandonment of pipelines.
Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time.
(m)
Amended oil and gas well permits.
(1)
An operator must submit an application to the planning and zoning coordinator to amend an existing oil and gas well permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit.
(2)
Applications for amended oil and gas well permits shall be in writing, shall be on forms provided by the town designee, shall be signed by the operator, and shall include the following:
(A)
The application fee as set by town ordinance;
(B)
A description of the proposed amendments;
(C)
Any changes to the information submitted with the application for the existing oil and gas well permit (if such information has not previously been provided to the town);
(D)
Such additional information as is reasonably required by the town designee or town staff to demonstrate compliance with the applicable development site plan and applicable specific use permit; and
(E)
Such additional information as is reasonably required by the town designee or town staff to prevent imminent destruction of property or injury to persons.
(3)
All applications for amended oil and gas well permits shall be filed with the planning and zoning coordinator. The application shall be immediately forwarded to the town designee for review. Incomplete applications may be returned to the applicant, in which case the town shall provide a written explanation of the deficiencies; however, the town may retain a processing fee as determined by the town designee. The town may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.
(4)
If the activities proposed by the amendment are not materially different from the activities covered by the existing oil and gas well permit, and if the proposed activities are in conformance with the applicable development site plan and applicable specific use permit, then the town designee shall approve the amendment within ten (10) days after the application is filed.
(5)
If the activities proposed by the amendment are materially different from the activities covered by the existing oil and gas well permit, and if the proposed activities are in conformance with the applicable development site plan and applicable specific use permit, then the town designee shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the town designee, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the town designee may require the amendment to be processed as a new oil and gas well permit application.
(6)
The failure of the town designee to review and issue an amended oil and gas well permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved.
(7)
The decision of the town designee to deny an amendment to an oil and gas well permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the town council.
(n)
Transfer of oil and gas well permits.
An oil and gas well permit may be transferred by the operator with the consent of the town if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the town as part of the application for the transferred permit is updated to reflect any changes and if the transferee provides the insurance and security required by this ordinance. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the town. The transfer shall not relieve the transferor from any liability to the town arising out of any activities conducted prior to the transfer.
(o)
Remedies of the town.
(1)
If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an oil and gas well permit (including any requirement incorporated by reference as part of the permit), the town designee and/or town staff shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator’s failure to provide periodic reports. The fire marshal may issue a stop work order under the fire code.
(2)
If the operator does not cure the alleged failure within the time specified by the town designee and/or town staff, the town designee and/or town staff may notify the railroad commission and request that the railroad commission take appropriate action (with a copy of such notice provided to the operator), and the town may pursue any other remedy available under this ordinance.
(3)
If the operator does not cure the alleged failure within the time specified by the town designee and/or town staff, the town designee and/or town staff may recommend:
(4)
The decision of the town designee and/or town staff to recommend suspension or revocation of an oil and gas well permit shall be provided to the operator in writing at least ten (10) days before any action by the town council.
(5)
If an oil and gas well permit is revoked, the operator will be given a hearing in front of the town council.
(p)
Enforcement; right of entry.
The town designee and/or town staff is authorized and directed to enforce this ordinance and the provisions of any oil and gas well permit. Whenever necessary to enforce any provision of this ordinance or a gas well permit, or whenever there is reasonable cause to believe there has been a violation of this ordinance or an oil and gas well permit, the town designee, town staff or their designated representatives, may enter upon any property covered by this ordinance or an oil and gas well permit at any reasonable time to inspect or perform any duty imposed by this ordinance. If entry is refused, the town shall have recourse to every remedy provided by law and equity to gain entry.
(q)
Penalty.
(Ordinance 2003-11, sec. III, adopted 8/4/03; 2006 Code, ch. 13, sec. 5.12; Ordinance 2010-10, sec. 3, adopted 4/26/10)
§ 14.02.263 Nursing facilities, assisted living facilities, and community homes.
(a)
Purpose.
The purpose of this section is to establish safeguards to protect the life, health, safety, and property of the occupants of nursing facilities, assisted living facilities, or community homes and the general welfare of the public by developing procedures to enforce minimum standards and to provide equitable and practical criminal, administrative, and civil remedies for violations of this section.
(b) Certificate of occupancy. Critical violation. Life safety violation. Non-critical violation. Operator.
Definitions.
Unless specified in this section, all terms used herein shall have the meaning assigned by section 14.02.052 of this code.
A certificate issued by the town in accordance with all applicable laws, ordinances, or codes authorizing occupancy of a building.
A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that is capable of causing or contributing to injury or illness of persons on the premises of a nursing facility, assisted living facility, or community home.
A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that represents an imminent threat of death or injury to persons on the premises of a nursing facility, assisted living facility, or community home.
A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that is not considered a life safety or critical violation.
The owner, manager, or other responsible party tasked with managing a property as a nursing facility, assisted living facility, or community home, whether an individual or an entity.
(c)
Applicability and administration.
(1)
This chapter shall apply to all nursing facilities, assisted living facilities, and community homes located in the town which are now in existence, or which may hereafter be constructed or converted from other uses.
(2)
The community development department is authorized to administer and enforce the provisions of this section and the town's building standards regulations.
(3)
The community development department shall have the authority to render interpretations of this section and to adopt policies and procedures to clarify the application of its provisions.
(d)
Registration.
(1)
No nursing facility, assisted living facility, or community home shall be used or occupied until the operator has obtained a certificate of occupancy in accordance with this code.
(2)
An operator that operates a nursing facility, assisted living facility, or community home must register with the town's community development department on an annual basis. Such registration is valid from the date that the application is approved for a period of one year.
(3)
The operator of a nursing facility, assisted living facility, or community home that is constructed after the effective date of this section shall register within 30 days after obtaining its certificate of occupancy, and annually thereafter.
(4)
The registration shall be on a form prescribed by the town, shall be accompanied by the fee identified in the town's fee schedule, and shall contain the following information:
(A)
The operating name, physical address, and business address for the nursing facility, assisted living facility, or community home;
(B)
The owner name, phone number, email address, physical address, business address, and, if applicable, type of business entity that owns the nursing facility, assisted living facility, or community home;
(C)
To the extent applicable, the names, addresses, email addresses, and telephone numbers of the property manager, resident manager, registered agent, and all federal, state, and local funding agencies;
(D)
To the extent applicable, all federal, state, and/or local licenses, applications for licenses, and/or inspection reports related to the operations of the nursing facility, assisted living facility, or community home;
(E)
The names and physical addresses of designated employees or authorized representatives who shall be assigned to respond to emergency conditions, to include fires, natural disasters, floods, burst pipes, collapse hazard, violent crime, and other similar conditions, and a telephone number where said employees can be contacted during any 24-hour period;
(F)
The total number of rooms and/or sleeping spaces;
(G)
If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and physical address of a duly authorized agent for the entity; and
(H)
If the property is not owned by the applicant or entity intending to own and/or operate the nursing facility, assisted living facility, or community home, a notarized statement from the property owner consenting to the proposed operations to be conducted at the property.
(e)
Inspections and violations.
The town may conduct inspections to ensure compliance with minimum building standards and health and safety regulations in accordance with the following provisions. All inspections shall be subject to the fees identified in the town fee schedule.
(1)
Inspections may be conducted upon filing of a new or renewal registration, upon application for or to verify compliance with a certificate of occupancy, and upon reports of code violations, including complaints filed with the town, which may result in further periodic or follow-up inspections;
(2)
Inspections may be conducted of the following areas:
(3)
In the event an inspection identifies violations of minimum building standards and health and safety regulations, the following provisions shall apply:
(A)
When an inspection is made at a community home or assisted living facility and a violation is found to exist, a notice of violation will be prepared by the town. The notice of violation shall be deemed delivered when a copy of the notice:
(B)
Upon receiving a notice of violation, the operator shall timely correct all violations identified in a notice of violation, mitigate safety threats arising from the violations immediately, and make repairs within a reasonable period of time, as identified herein. Conditions creating life safety threats must remain secured from occupants until all repairs are completed.
(4)
In addition to other authority granted by this section, the town has all rights and authority granted by Texas Code of Criminal Procedure, article 18.05. Inspections shall comply with all federal, state, and local laws, regulations, and ordinances.
(5)
When considering a violation created by a tenant, the town may consider the timeliness of the operator's response to the violation, actions taken by the operator to address a tenant's activities that may have caused the violation, and actions taken by the operator to prevent or reduce similar violations in the future.
(6)
Operators shall have an opportunity to correct violations subject to the following timelines. The time to correct a violation may be extended at the town's discretion upon a showing of good cause and identification of a corrective action plan with targets for satisfactory progression toward compliance.
(A)
A life safety violation shall be corrected within 24 hours of the issuance of the notice of violation;
(B)
A critical violation shall be corrected within 72 hours of the issuance of the notice of violation; and
(C)
A non-critical violation shall be corrected within 30 days of the issuance of a notice of violation.
(7)
Failure to timely correct violations in accordance with this section may result in the revocation of a certificate of occupancy.
(8)
The town shall report all violations of applicable state law to the Department of Aging and Disability Services.
(f)
Parking regulations.
(1)
An assisted living facility and/or nursing facility subject to this article, other than a community home, must provide adequate parking in accordance with the town's subdivision ordinance and other applicable regulations. Additionally, parking is restricted to the number of off-street parking spaces associated with the facility structure and to on-street parking immediately adjacent to the property's front lot line. All motor vehicles are further subject to the parking regulations contained in chapter 12 of the code.
(2)
A community home subject to this article may not keep, for the use of the residents of the home, motor vehicles in numbers that exceed the number of bedrooms in the home either on the premises of the home or on a public right-of-way adjacent to the home, in accordance with Texas Human Resources Code, § 123.009.
(g)
Waste disposal regulations.
(1)
A nursing facility, assisted living facility, or community home subject to this article shall comply with all applicable town requirements for solid waste disposal.
(2)
Additionally, any nursing facility, assisted living facility, or community home producing medical waste must dispose of such waste in accordance with all applicable state regulations for such disposal.
(h)
Compatibility with residential areas; location requirements.
(1)
A community home, including an assisted living facility that retains compatibility with surrounding residential dwellings, is subject to the subdivision and zoning regulations contained in chapters 10 and 14 of the code. In order to construct improvements or operate a use not consistent with said regulations, a community home may apply for a reasonable accommodation in accordance with this chapter, if applicable.
(2)
In accordance with Texas Human Resources Code, § 123.008, a community home may not be established within one-half mile of an existing community home.
(i)
Reasonable accommodations.
The provisions in this chapter governing the operation of community homes shall not be construed to limit a person's right to request a reasonable accommodation on the basis of a disability. A person requesting a reasonable accommodation from this section on the basis of a disability may file a request for reasonable accommodation with the community development department.
(1)
A reasonable accommodation request may be made by any person with a disability; the person's representative; a developer; or a provider of housing for individuals with disabilities. The request shall state the reason for the accommodation and the basis for the request and demonstrate that the reasonable accommodation is requested on the basis of disability and is both reasonable and necessary to ensure equal opportunity for individuals with disabilities to obtain housing in accordance with the Fair Housing Act.
(2)
If the reasonable accommodation request demonstrates the qualifications set forth in subsection (1) above and the requested accommodation would not fundamentally alter the town's land use and zoning patterns or disproportionately impact the surrounding area, the town shall grant the reasonable accommodation request. If the town determines that a different reasonable accommodation would provide equal opportunity as described in subsection (1) above, the town may offer such alternative reasonable accommodation.
(3)
A decision of the town regarding a reasonable accommodation request may be appealed to the town's zoning board of adjustment in accordance with the procedures outlined in section 14.02.405 of this code.
(4)
Following the approval of a reasonable accommodation for a community home in a residential district, the town may notify the owners of property located within two hundred feet (200') of the subject property that a community home is located at the subject property. Such notification shall include a copy of this section's regulations.
(j)
Reporting requirement.
For any nursing facility, assisted living facility, or community home subject to state licensure, the town shall report to the any applicable state licensing authority any nursing facility, assisted living facility, or community home that the town finds:
(1)
Is established or operating in the town without a state license;
(2)
Poses an immediate threat to the health and safety of one or more resident(s) of the assisted living facility; or
(3)
Is otherwise violating a provision of Texas Health and Safety Code, chapters 242 or 247, as amended; Texas Human Resources Code, chapter 123, as amended; or any rule, regulation, or standard governing nursing facilities, assisted living facilities, or community homes promulgated in accordance with said statutes.
(k)
Enforcement.
(1)
Criminal enforcement.
A violation of this section is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with this code. Each occurrence of a violation or each day that a violation continues shall constitute a separate offense. The failure to perform an act required by this section is a violation of this section.
(2)
Civil enforcement.
The town may enforce this section by pursuing all civil remedies to which it is entitled by law, to include filing suit and recovering civil penalties pursuant to Texas Local Government Code, chapter 54. The town may also institute suit to recover the cost of any actual damages incurred by the town, and any costs of response, remediation, abatement, and restoration incurred by the town as allowed under state or federal laws or at common law.
(Ordinance 2025-32 adopted 9/22/2025)