Division 7 Development and Design Standards

Permit requirement.

It shall be unlawful for any person, corporation, partnership or other legal entity to place, construct or have constructed any type of new fence without having first secured a permit for the placement or construction of the same from the town’s permitting department. Each permit shall be valid for a period of ninety (90) days from the date of issuance, during which time the construction must be completed and final inspection requested. This ninety (90) day time limitation shall not apply to fence permits applied for by homebuilders at the same time they apply for a residential building permit. Fence permits applied for in conjunction with residential building permits shall be valid until the house has passed its final inspection by the building official or his designated representative.

Maintenance/replacement.

A permit shall be required for the maintenance of at least thirty percent (30%) of a fence fronting or facing any right-of-way or roadway. A permit shall not be required for the maintenance of a fence which does not front or face any right-of-way or roadway. Additionally, fences shall be maintained according to the requirements set forth in subsection (l), Maintenance and Repair of Non-Living Materials, of this section.

Height requirements.

The height of the fence shall be taken from the inside of the fence on the property on which it is installed and shall be measured from the natural grade of the ground to the top of the fence if there is no retaining wall. In the event that a retaining wall is utilized, the fence shall be measured from the uppermost surface of the retaining wall.

Front, side and rear yards.

Eight feet (8') is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in subsection (C), Location, (4) and (5), of this section.

Location.

No fence shall be constructed in a manner that obstructs proper visual clearance for vehicular traffic.

Front elevation.

All fences shall be located a minimum of ten feet (10') behind the front elevation of the primary structure.

Side yard adjacent to side street.

Side yard fences shall be located within the side yard building setback, and shall not extend beyond the building line of the side yard adjacent to a side street.

Parallel fences.

Fences shall not be constructed parallel to and within twenty feet (20') from an existing fence, except where the following conditions exist. A fence:

Surrounding a transformer;

Providing a barrier for pools and spas as required by applicable law;

That shares a common post with an existing fence.

Golf course lots.

All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4') and a maximum of six feet (6') in height.

Public park lots.

All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal and shall be a minimum of four feet (4') and a maximum of six feet (6') in height.

Perimeter fencing.

Perimeter fencing along the official town boundary line shall be allowed according to the following requirements:

A decorative masonry wall shall be constructed on property lying along the perimeter boundary of the town in conjunction with development of that property, unless otherwise provided in this ordinance.

The extent to which fencing or walls are constructed shall be determined by the planning and zoning commission upon consideration of a site plan submitted as part of a zoning request and upon the submission of appropriate documentation material.

The owner, subdivider or developer of a tract of land to which this section applies shall have the sole responsibility to build, erect or place a continuous wall or fence at least eight feet (8') in height along the perimeter of the boundary of the subdivision or the perimeter of the corporate boundary of the town. Such fence or wall shall be erected simultaneously with the commencement of construction of any street improvements within the subdivision, at the commencement of any other construction, or upon the development of any kind upon such tract of land. This provision applies where a tract of land has been platted or is owned under single ownership or under single control, and where such tract of land touches any part of the perimeter or corporate limits of the town.

Construction material for the extension and design of perimeter fences shall be subject to the approval of the town council, upon recommendation by the planning and zoning commission as part of a site plan submitted as part of a zoning request and upon the submission of appropriate documentation.

Maintenance.

Following the installation and final acceptance of a town boundary or subdivision perimeter fence installed by the owner, subdivider or developer of a tract of land, the property owner shall have the sole responsibility of maintaining such fence. Perimeter fences shall be maintained according to the requirements set forth in subsection (l), Maintenance and Repair of Non-Living Materials, of this section.

Materials.

Acceptable materials.

Brick, stone, wrought iron or wood are allowed in accordance with the requirements of the applicable zoning district.

Architectural-grade metal, decorative pre-cast embossed concrete, concrete masonry unit with decorative facing, colored and embossed poured-in-place concrete, a combination thereof, vinyl or similar materials shall be submitted for consideration to the planning and zoning coordinator or their designee prior to fence permit approval.

Prior to the approval of items listed in subsection (d)(1)(B) above, detailed plans indicated [indicating] the height, width, and design shall be submitted for review and approval. Additional information shall be provided to substantiate compliance if requested.

Prohibited materials.

Unless specifically provided in (d)(1)(A) and (B) above, all other materials shall be prohibited including but not limited to, broken glass, nails, screws or wire or any sharp object affixed to a fence in a manner that may cause injury to or prevent emergency personnel from climbing such fence in an emergency. Nails or screws used in a normal construction manner are not prohibited by this section.

General construction requirements.

All requirements of the International Residential Code, and all amendments thereto, adopted by the town shall be applicable to the construction of a fence and are hereby incorporated herein and made a part of this ordinance.

A fence shall not be constructed in a manner which alters the natural drainage or existing planned drainage of the land or the surrounding land upon which it is constructed.

In order to allow for entrance and exit of fire and police department personnel, each fence must contain at least one (1) gate not less than three feet (3') wide.

Fences constructed, repaired or maintained on street rights-of-way and property lines in all subdivisions shall have the finished side of the fence facing the street. Fences on interior lot lines that are not facing street rights-of-way shall be constructed with the finished side faced according to the discretion of the property owner constructing the fence.

Construction requirements for pre-cast concrete fences.

All pre-cast concrete fences shall be designed by a professional engineer licensed by the State of Texas.

(g)

Animal runs.

A permit is required for the construction of an outdoor animal run for the containment of a dog or other animal authorized in the town’s animal control ordinance. Such outdoor animal run shall be for the sole purpose of containing an authorized animal.

Construction requirements.

The animal run shall be fully contained within an opaque privacy fence.

The animal run shall be constructed only of:

Top-rail galvanized chain-link fencing with a gauge of 11-1/2, 12-1/2 or 14 inches and posts; or

Ornamental iron.

The animal run shall not:

Have metal or fiberglass roofing;

Exceed eight feet (8') or the height of the perimeter fence;

Shall not be visible from any public right-of-way.

Maintenance.

Animal runs shall be maintained according to the requirements set forth in subsection (l), Maintenance and Repair of Non-Living Materials, of this section.

(h)

Retaining walls.

A retaining wall permit shall be required for any such wall four feet (4') or higher, or for any such retaining wall height as required by the most recent adopted version of the International Building Code, whichever is more restrictive.

Permit requirements.

Permit applications for retaining walls must be accompanied by a site plan indicating the following:

The location of all existing and planned structures on the subject property and the approximate locations of all structures on adjoining property within one hundred feet (100'); and

Height of all structures; and

The location of all existing building lines, easements, watercourses, etc.; and

Additional information as required by the building official.

Height requirement.

For the purpose of this ordinance, the height of a retaining wall shall be determined by measuring the bottom of the footing to the top of the wall.

Any retaining wall exceeding four feet (4') in height must be a structurally engineered wall. Only the seal of a professional engineer licensed by the State of Texas will be accepted.

Retaining walls below four feet (4') in height, as measured by the requirements of this ordinance shall not require a permit, unless the retaining wall is located within a drainage easement, floodplain, floodway or other watercourses. In such case, the permit requirements of this subsection (h) shall apply.

Location.

Retaining walls located along public roadways must provide sufficient area between the retaining wall and the roadway for landscaping to be provided between the retaining wall and the roadway and must be in compliance with the town’s sight-visibility requirements, located in the appendix of the zoning ordinance [section 14.02.460].

Materials.

Acceptable materials.

Concrete, pavestone, stone, or brick materials shall be allowed for the construction of retaining walls. Other materials similar to the foregoing, including some types of man-made materials may be allowed if such materials are suitable to maintain appearance, soundness, safety, and resistance to decay or weather. Such materials shall be approved [by] the planning and zoning coordinator or their designee prior to permit approval. All retaining walls constructed of formed concrete, concrete block, cinderblock or similar materials shall have facing added to their exposed surface(s).

Prohibited materials.

The use of treated railroad type cross-tie material, wood of shape and dimension resembling railroad cross-ties or landscape timbers is prohibited for new construction and is also prohibited for replacement work if more than thirty percent (30%) of an existing retaining wall must be replaced or is being replaced.

Maintenance.

Retaining walls must be maintained in their original design, placement and structural integrity.

Survey required.

Following the issuance of any permit by the town for retaining walls a minimum of four feet in height (4'), and prior to the inspection by the town of such retaining wall, the applicant shall submit to the town a forms survey as approved by the building official. Such survey shall be prepared by a registered and licensed professional surveyor, and shall:

Locate all easements, including underground easements, roads, streets, alleys, and other rights-of-way or watercourses, and building setback lines and other matters located on or affecting the property; and

Show all proposed and existing improvements (such as buildings, power lines, fences, etc.); and

Show any portion of the property within any floodplain, floodway or other watercourses.

Inspection.

During construction and/or installation of a fence, retaining wall or outdoor animal run for which a permit is required, the property owner shall contact the permitting department to request all required inspections. Failure to request any required inspection shall be a violation of this ordinance. The building official shall “pass” the inspection if the structure meets with the requirements of the ordinance, or “fail” the inspection for defects in construction, materials or procedure. The property owner shall remedy all defects specified in the failure notice and call for a reinspection, prior to the expiration of the permit.

(j)

Screening standards.

Fences, walls and dense landscaped hedges or plantings are permitted in any zoning district as a screening element; however, such screening elements shall conform to the restrictions set forth herein. The following screening standards shall be complied with.

(k)

Non-living screening.

Non-living screening, as herein referred, shall mean any material constructed of masonry, or of a concrete or metal frame, or wood base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or

A solid fence.

Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8') with a wall of masonry construction, unless other material has been approved by the town council upon recommendation of the planning and zoning commission, so as to obscure the view from the residential lot, use or district to the nonresidential use. The developer of the nonresidential property shall erect the fence or wall required by this section. Where the district boundary dividing a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, the said parking lot or parking area facing the residential lot, use or district shall be suitably screened with a wall of masonry construction, unless other material has been approved by the town council upon recommendation of the planning and zoning commission, to a height of not less than four feet (4').

In nonresidential areas, garbage, refuse and trash collection/storage areas shall be gated and fully screened from public view by a masonry fence or wall of at least eight feet (8') in height.

Off-street loading areas shall be adequately screened from the public view of any residential dwelling and from any other adjacent land use, as indicated in section 14.02.355, Parking and Loading Area Development Standards for Nonresidential Uses, subsection (d).

In all districts exterior appliances and equipment shall be screened so as not to be visible from any street. All utility and mechanical equipment shall be screened with a masonry fence or wall, unless other material has been approved by the planning and zoning coordinator.

(l)

Maintenance and repair of non-living material.

All screening materials, fences, walls, outdoor animal runs, and retaining walls shall be maintained in a neat and orderly manner and in sound condition and good repair at all times.

All fences, walls, screening materials and animal runs must be maintained in their original design and placement.

The maintenance and/or repair of any screening material, fence, wall or animal run shall be constructed of the same materials as the existing screening material, fence, wall or animal run.

When a fence, wall, or outdoor animal run is declared by the building official or his designated representative to be dilapidated or hazardous, the building official, or his designated representative shall order the occupant, owner, or inhabitant of the property to remove or repair the screening material, fence, wall, or outdoor animal run to a sound condition.

Dilapidated shall include, but not be limited to, screening materials, fences, walls, or outdoor animal runs that have broken or missing planks or portions, or that are out of horizontal or vertical alignment by more than one foot (1') measured at the top of the posts.

Areas adjacent to screening areas, fences and walls shall be maintained in a clean manner, and shall be free and clear of all debris, trash and weeds, and other such materials or plants not a part of the screening or landscaping.

It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to remove or repair a fence, screening material or wall in accordance with this provision within ten (10) days of a written order issued under this section, unless otherwise extended by the building official or his designated representative.

(m)

Living screening.

Any dense evergreen hedge or plant material suitable for providing an opaque visual barrier, for which such material shall be maintained in a healthy growing condition.

On lots abutting a golf course or public parks in residentially zoned areas, dense evergreen hedges or plant material screening along the golf course or park shall be limited to a maximum height of six feet (6') and shall meet all other requirements of this ordinance.

No screening element shall be constructed, erected, placed, planted or maintained in such position or location so as to be dangerous or detrimental to the health or safety of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any public or private street or driveway. Provided, however, that the natural existing terrain which cannot be removed by reasonable landscaping techniques, including retaining walls constructed below or at the same grade of said natural existing terrain, shall be excluded from the objects otherwise prohibited.

Landscaped earth berms may, when appropriate in scale, be used as a screening element in conjunction with a fence, wall, hedge or other dense planting material.

Fences, walls, hedges.

Except as otherwise restricted by the provisions of this ordinance, fences, walls, and hedges may be permitted in any required rear or side yard, or along the edge of any such yard as a screening, decorative or containment element, and shall not exceed a maximum of eight feet (8') in height, and the following requirements shall also apply [and] be observed:

Nothing shall be erected placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2-1/2') and eight feet (8') above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines and a line formed by connecting a point thirty-five feet (35') from the street intersection on one street right-of-way line with a corresponding point on the other street right-of-way line. Any object so erected, placed, planted or maintained shall be a prima facie evidence that said object, or combination of objects, is an obstruction constituting a traffic hazard.

On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley or private street or highway, driveway from or to adjacent private property.

Any object or combination of objects placed, planted or maintained in violation of this ordinance shall be removed upon written notice by certified mail from the town’s planning and zoning coordinator, or their representative, to the owner, agent or occupant of the premises or property where such obstruction has been erected, placed, planted or maintained.

Railroad cross-ties and landscape timber shall not be allowed as construction material.

(n)

Maintenance of living material.

All screening materials shall be maintained and repaired in a neat and orderly manner at all times. This shall include, but not be limited to pruning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size.

(o)

Additional screening, fencing, landscaping.

The planning and zoning commission may recommend and the town council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictates a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general.

(p)

Special exception.

The zoning board of adjustment shall have the power to grant a special exception waiving or modifying these regulations where the literal enforcement of this ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this ordinance. A public hearing is not required for zoning board of adjustment consideration of a special exception under this section.

For the purpose of this ordinance, the following are established as general conditions, all of which are to be met upon the granting of any special exception.

No diminution in value of surrounding properties would be suffered; and

Granting the permit would be of benefit to the public interest or surrounding properties; and

Denial of the permit would result in unnecessary hardship to the owner seeking it; and

A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and

By granting the permit, substantial justice would be done; and

The use must not be contrary to the spirit of the ordinance.

The burden of demonstrating that all general conditions have been met and that a special exception is appropriate is upon the person requesting the special exception. The zoning board of adjustment may require a person requesting a special exception to provide proof as the board determines necessary and appropriate for the board to evaluate the application for special exception.

(Ordinance 2000-06, sec. XLV, adopted 3/21/00; Ordinance 2005-16, sec. 2, adopted 7/18/05; 2006 Code, ch. 13, sec. 7.01; Ordinance 2007-17, sec. II, adopted 4/16/07)

§ 14.02.352 Landscaping regulations.

(a)

Purpose.

It is the purpose of this section to establish certain regulations pertaining to landscaping within the town. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the town.

(b)

Scope.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the town.

Enforcement.

The provisions of this section shall be administered and enforced by the building official or their designee. If, at any time after the issuance of a certificate of occupancy or building permit, whichever is applicable, landscaping is found to be nonconforming to the standards and criteria of this section, the building official shall issue notice to the owner, citing [the nonconformity, and the owner,] tenant, or agent shall have thirty (30) days from the date of said notice to restore the landscaping required. If the landscaping is not restored within the allotted time, such person shall be deemed to be in violation of this ordinance.

General standards.

The following criteria and standards shall apply to landscape materials and installation:

Quality.

Plant materials used in conformance with the provisions of this ordinance shall conform to the standard of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees.

Trees referred to in this section shall comply with all applicable regulations and requirements of article VIII of the subdivision regulations of the town, as amended [article 10.02, division 8 of the Code of Ordinances]. If any of the requirements of article VIII regulating trees conflict with the requirements contained herein regulating trees, the requirements of article VIII of the subdivision regulations shall control.

Shrubs and hedges.

Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one year after time of planting.

Vines.

Vines shall be a minimum of two feet immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified.

Ground cover.

Ground covers used in lieu of grass in whole and in part shall be of live material and shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. Artificial turf is considered ground cover in residential districts when in compliance with section 14.02.352(g)(5). Artificial turf is defined as a surface of synthetic fibers made to simulate the appearance of natural/organic turf grasses.

Lawn grass.

Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion.

(7)

Credit for existing trees.

Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the planning and zoning commission, be credited as two trees for the herein minimum requirements.

(8)

Railroad ties.

The use of railroad ties for use as landscaping material shall be prohibited.

Maintenance.

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with similar plant material.

Sight distance and visibility.

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, a triangular visibility area shall be created.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the building official, the requirements set forth herein may be reduced to the extent required to remove the conflict.

(g)

Requirements for residential districts.

In addition to the above-listed requirements, all areas within the town which are zoned for residential use, by either “straight zoned” districts or by planned developments, shall have the following requirements.

Each residential lot shall have a minimum of twelve (12) caliper inches of trees located in the front yard prior to issuance of a certificate of occupancy. The twelve (12) caliper inches may be distributed among any number of trees desired by the homeowner but shall not include any tree less than three (3) caliper inches. Caliper inches shall be measured twelve (12) inches above final grade adjacent to the trunk of the tree.

Approved landscape plan prerequisite.

No permit shall be issued for building or construction on any residential lot or tract until a landscape plan has been submitted and approved by the town planning and zoning administrator.

Landscape plans.

Prior to the issuance of a building, paving, grading or construction permit for any residential use, a landscape plan shall be submitted to the town planning and zoning administrator. The administrator shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. The landscape plan may be revised by the owner at any time the plan varies substantially from what was originally approved. Such revision should be submitted to the town planning and zoning administrator for approval.

Planting of the landscaping may be postponed for one year following completion of construction if the building party represents a builder and is not intended to reside at that location. In such cases, the permanent resident/owner may revise any landscape plan which has been previously submitted by a builder and approved by the town, and must complete the planting of either the previously approved or revised landscaping within a twelve (12) month period.

Content of the landscape plan.

The owner/builder shall provide a drawing illustrating the entire landscape plan for the property. The landscape plan shall contain, at minimum, the information contained hereinbelow. Caliper inches shall be measured twelve inches (12") above final grade adjacent to the trunk of the tree:

It is not necessary that the landscape plan be drawn to scale; however, it is to be drawn such that the physical relationship of property, structures, and landscaping are easily discernible. All applicable requirements relative to trees as specified in article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, shall be met by the builder/owner.

A tree survey meeting the requirements of article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, shall be provided. Such survey shall show the location of all trees to be preserved, relocated, replanted and/or removed.

The location of all plants and landscaping material to be added, including but not limited to, plants, paving, benches, screens, fountains, statues or other landscape features shall be shown on the landscape plan. All trees for which a removal or replanting permit is required shall be identified as required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended.

Species of all plant material to be used shall be identified on the landscape plan; provided however, that as required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, trees shall be of a species required by such article VIII.

Size of all plant material to be used shall be identified on the landscape plan. As required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, all trees shall meet the sizing requirements specified in such article VIII.

Spacing of plant material shall be identified on the landscape plan. As required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], and all amendments thereto, trees shall meet the spacing requirements set forth in such article VIII.

(G)

Layout and description of irrigation, sprinkler or water systems, including placement of water sources, shall be identified on the landscape plan.

(H)

In addition to meeting the requirements of this section, the owner/builder shall comply with all applicable requirements of article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended. Where any of the provisions of this section conflict with article VIII of the subdivision regulations of the town, as amended, the requirements of article VIII shall control as applicable.

Artificial turf.

The use of artificial turf is allowed in residential districts if the conditions below are met:

Obtain a permit for review by the town prior to installation. Application shall include submittal of the manufacturers installation specifications, infill type, weight (70 minimum) and thread backing.

Submission of grading plan for review and approval by the building official.

Artificial turf damaged during the repair, replacement, or addition of public utilities, streets, and sidewalks will be the responsibility of the homeowner.

(h)

Requirements for nonresidential districts and uses.

The following requirements shall be additional requirements for landscaping located in all districts not specifically zoned for residential use, by either “straight zoned” districts or by planned unit developments.

Permits.

No permits shall be issued for building, paving, grading, or construction until a landscape plan is submitted and approved by the planning and zoning commission. In the event that the proposed development required an approved subdivision plat or site plan, no such final approval shall be granted unless a landscape plan is submitted and approved.

In any case in which a certificate of occupancy is sought at a season of the year in which the planning and zoning commission determines that it would be impractical to plant trees, shrubs, or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed. Provided, however, that the required landscaping shall be installed within twelve (12) months of the issuance of the certificate of occupancy.

Landscape plans.

Prior to the issuance of a building, paving, grading, or construction permit, a landscape plan shall be submitted to the town planning and zoning commission. The commission shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Content of landscape plans.

Landscaping plans shall be prepared by a landscape architect, landscape contractor, or landscape designer knowledgeable in plants, materials, and landscape design. Landscape plans shall contain the following information:

Minimum scale of one inch equals fifty feet (50');

Location of all trees to be preserved;

Location of all plants and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, or other landscape features;

Species of all plant material to be used;

Size of all plant material to be used;

Spacing of plant material where appropriate;

(G)

Layout and description of irrigation, sprinkler, or water systems, including placement of water sources;

(H)

Description of maintenance provisions for the landscape plan;

(I)

Person(s) responsible for the preparation of the landscape plan.

(J)

If a tree removal permit and/or a tree replanting permit is required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended, the owner/builder shall comply with the requirements of article VIII prior to the issuance of a tree removal permit.

(K)

A tree survey shall be provided as required by article VIII of the subdivision regulations of the town [article 10.02, division 8 of the Code of Ordinances], as amended.

(L)

Minimum requirements for off-street parking and vehicular use areas.

Parking lots, vehicular use areas and parked vehicles are to be effectively screened, from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from these standards.

Interior landscaping.

A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots:

Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs.

There shall be a minimum of one (1) tree planted for each four hundred (400) square feet or fraction thereof of required interior landscape area.

Interior areas of parking lots shall contain planter islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet (3') in height. Interior planter islands shall have a minimum size of ten feet (10') by twenty feet (20').

(iv)

The planning and zoning commission may approve planter islands required by this section to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the commission when the drip line of an existing tree is larger than planter islands required by this section.

Perimeter landscaping.

All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a two feet (2') minimum width planting strip. Plants and materials used in living barriers shall be at least thirty inches (30") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.

Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way shall be permitted through all such landscaping. The maximum width for accessways shall be: fifty feet (50') for nonresidential two-way movements; thirty feet (30') for residential two-way movements; twenty feet (20') for nonresidential one-way movements; and fifteen feet (15') for residential one-way movements.

Whenever an off-street parking or vehicular use area abuts an adjacent property line a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Landscaping will be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, fence, hedge, or berm not greater than eight feet (8') in height nor less than four feet (4') in height.

Perimeter landscape areas shall contain at least one tree for each thirty (30) lineal feet or fraction thereof of perimeter area and shall be three feet (3') high within one year after time of planting.

Landscaping requirements for non-vehicular open space.

In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements:

Grass, ground cover, shrubs and other landscape material shall be used to cover all open ground within twenty feet (20') of any building or paving or other use such as storage.

All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

Landscaping shall be provided on each developed lot in accordance with the following standards:

In all residential zoning districts, a minimum of fifteen percent (15%) of the landscaping shall be located in the required front yard.

In all nonresidential zoning districts, a minimum of fifteen percent (15%)of the total site area shall be devoted to feature landscaping with not less than fifty (50%) percent of the landscaping being located in the required front yard.

Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements:

Percentage of Site in Non-Vehicular Open Spaces	Tree Ratio per Non-Vehicular Open Space
Less than 30	6 trees/2,500 sq. ft.
30 - 49	7 trees/3,000 sq. ft.
Over 50	9 trees/4,000 sq. ft.

Applicability - Relief from landscaping requirements.

Relief from landscaping requirements may be considered in situations where the individual characteristics of or circumstances associated with a particular location limit the applicant’s ability to comply with the landscaping requirements of this ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking such relief shall submit an application specifically identifying the justification for the requested relief and comply with the following procedure:

An applicant shall submit an alternate landscape plan to the planning and zoning administrator. In addition to complying with all requirements of section 14.02.352 of this article regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of section 14.02.352 from which relief is sought and shall include a detailed written justification for the requested relief, specifically identifying reasons why he or she is unable to comply with existing landscape requirements.

Such landscape plan shall illustrate in detail the applicant’s proposed alternate plan to landscape, including but not limited to identifying the amount, type and placement of plant materials, the proposed plan for irrigation, and a phasing schedule for completing the plan when applicable.

The landscape plan may be submitted either with a site plan or may be submitted separately.

§ 14.02.353 Off-street parking regulations.

Upon receipt of a completed application, the P&Z administrator shall forward such application to the planning and zoning commission for review and recommendation to the town council.

(Ordinance 2000-06, sec. XLVII, adopted 3/21/00; Ordinance 2001-29, sec. IV, adopted 12/17/01; Ordinance 2003-25, sec. III, adopted 12/17/03; 2006 Code, ch. 13, sec. 7.03; Ordinance 2018-27 adopted 11/13/18)

In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-street parking space in accordance with the following requirements:

Minimum off-street parking requirements.

The minimum number of off-street parking spaces herein required shall be computed and provided in accordance with the following specifications:

The number of spaces required shall serve residents, customers, patrons, visitors and employees.

Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet (8') by twenty-two feet (22') for each parallel parking space and nine feet (9') by eighteen feet (18') for each angular head-in parking space, and shall be designed in accordance with minimum town standards.

All maneuvering for off-street parking shall be accomplished on private property.

Parking facilities that are within sixty feet (60') of a residentially zoned district shall be separated from said district by a decorative masonry wall at least eight feet (8') high or a combination of berm, fence, or wall at least eight feet (8') in height.

Boats, recreational vehicles, and trailers are not permitted to be parked in any zoning district unless the vehicles are totally enclosed by a building structure.

Unclassified use.

Where the proposed land use cannot be classified within the uses herein specified, the town council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use.

Number of parking spaces required.

The minimum number of off-street parking spaces required shall be as follows:

Use	No. of Parking Spaces	Required for Each
(A) Residential uses
Single-family dwellings; attached, detached, townhouse, duplex, HUD-code manufactured home, industrialized housing	2	Dwelling unit
Apartment, condominiums, triplex, four-plex	2 – 2-1/2	Dwelling unit
(B) Institutional uses
Church	1	4 seats in main sanctuary, or for each 28 square feet in the main sanctuary, or for each 200 sq. ft. of bldg. area, whichever is greatest
Public, community, health welfare center	1	200 sq. ft. of gross floor area
Institution; religious, charitable or philanthropic organization	1	200 sq. ft. of gross floor area
Place of public assembly	1	3 seats
Day camp, kindergarten, or day nursery	1	5 pupils
Governmental office buildings, libraries, museums	1	200 sq. ft. of gross floor area
School, elementary	1	20 students (design capacity)
School, junior high	1	15 students (design capacity)
School, senior high	1	3 students (design capacity)
School, private	1	10 students
Lodge or fraternal organizational building	1	200 sq. ft. of gross floor area
Eating or drinking establishment, no service to auto	5	Plus 1 for each 3 seats (design capacity)
(C) Office, professional or financial uses
Bank or savings and loan office	1	300 sq. ft. of gross floor area
Medical or dental clinics	5	Plus 1 space for each 150 sq. ft. of gross floor area
Office, general	5	Plus 1 space for each 300 sq. ft. gross floor area
Dance, drama or music studio	1	2 students (design capacity)
(D) Professional services and retail uses:
Personal service establishment	5	Plus 1 space for each 200 sq. ft. of gross floor area
Retail establishments in buildings	5	Plus 1 space for each 200 sq. ft. of gross floor area
Beauty/barber shop	1	50 sq. ft. of gross floor area
Outside retail shop	1	600 sq. ft. of gross floor area
Coin-operated or self-serve laundry or dry cleaning	1	2 washing machines
Drive-through eating establishment	1	75 sq. ft. gross floor area
Cafe, restaurant, cafeteria	1	125 sq. ft. gross floor area
(E) Recreation, social and entertainment uses
Indoor commercial amusements	1	Per 100 sq. ft. of enclosed floor area
Theater	1	4 seats
Batting cage, driving range	1	Cage or tee
Golf course	30	Plus 3 spaces

§ 14.02.354 Off-street loading regulations.

Exceptions.

Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the building official that parking for two (2) specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area.

Example: Church and professional office building.

(Ordinance 98-29, sec. XLVIII, adopted 12/1/98; Ordinance 2000-06, sec. XLVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.04)

In all zoning districts there shall be provided, in connection with appropriate allowable uses, off-street loading facilities in accordance with the following requirements:

Minimum off-street loading requirements.

The minimum number of off-street loading spaces herein required shall be computed and provided in accordance with the following classifications:

Any department store, retail establishment, storage warehouse, or wholesale establishment, which has an aggregate gross floor area of ten thousand (10,000) square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12') wide, fourteen feet (14') high and thirty-five feet (35') long in accordance with the following table:

Square Feet of Aggregate Gross Floor Area	Required Number of Spaces
0 to 40,000	1
40,001 to 100,000	2
100,001 to 160,000	3
160,001 to 240,000	4
240,001 to 320,000	5
320,001 to 400,000	6
400,001 to 490,000	7
For each 90,000 over 490,000	1 additional

§ 14.02.355 Parking and loading area development standards for nonresidential uses.

Any restaurant arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least twelve feet (12') wide, fourteen feet (14') height and thirty-five feet (35') long in accordance with the following table:

Square Feet of Aggregate Gross Floor Area	Required Number of Berths
150,000 or less	1
150,001 to 400,000	2
400,001 to 660,000	3
660,001 to 970,000	4
970,001 to 1,300,000	5
1,300,001 to 1,630,000	6
1,630,001 to 1,960,000	7
1,960,001 to 2,300,000	8
For [each] 350,000 over 2,300,000	1 additional

(Ordinance 98-29, sec. XLIX, adopted 12/1/98; Ordinance 2000-06, sec. XLIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.05)

(a)

Location of parking facilities.

The off-street parking facilities required for the uses mentioned in this ordinance and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve.

(b)

Site approval.

All off-street parking and loading structures shall be subject to town design standards.

Entrances and/or exits.

Entrances and/or exits on a public street shall not be located less than one hundred fifty feet (150') from the nearest point of intersection of two (2) street right-of-way lines unless the tract is not of sufficient size to accommodate this restriction. In that instance, the driveway shall be located as far as possible from the intersection. The width of opening on entrances and/or exits shall not be less than twelve feet (12') nor more than forty feet (40') depending on the amount of lot frontage where such opening is to be located. Only one driveway approach shall be permitted on any parcel of property with a frontage on a public street with a lot width of one hundred fifty feet (150') or less. Additional openings for parcels of property having a frontage of one hundred fifty feet (150') or less, may be permitted after proof of necessity and convenience has been established by evidence submitted to the town engineer. Between any two (2) adjacent entrances and/or exits serving the same parking facility, there shall be no less than twenty feet (20').

Relation to residential districts.

No loading space shall be located closer than fifty feet (50') to any lot in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a decorative masonry wall not less than eight feet (8') in height.

Lighting facilities.

Lighting facilities, if provided, shall be so arranged as to be reflected away from residentially zoned or used property. They shall provide illumination within the parking facility not to exceed one footcandle at ground level, and shall distribute not more than two-tenths (0.2) of one footcandle of light upon any adjacent residentially zoned district.

Use.

The parking area shall be used for passenger vehicles only, and in no case shall be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies.

(g)

Location of off-street loading facilities.

The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve.

(h)

Vehicle stopping device.

All parking, loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, [and] to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An over-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case.

Solar panel system and/or photovoltaic generating apparatus.

Driving lane widths.

Driving lane widths in all private parking lots shall conform to the following standards:

0 degrees - 34 degrees	18 feet minimum
35 degrees - 90 degrees	24 feet minimum
All centerline turning radii	30 feet minimum

(j)

Front yard parking in nonresidential districts.

In nonresidential districts, surface parking may extend to the front property line, except for required screening and landscaping as set forth in the various sections of this ordinance.

(k)

Fractional spaces.

In determining the required number of parking spaces, fractional spaces shall be counted to the next whole space.

(l)

Parking structures.

Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

(m)

Use of private drives.

Kindergartens, day schools, and similar child training and care establishments shall provide loading and unloading space on a private drive and off-street to accommodate one motor vehicle for each ten (10) students or children cared for by the establishment.

(Ordinance 98-29, sec. L, adopted 12/1/98; Ordinance 2000-06, sec. L, adopted 3/21/00; 2006 Code, ch. 13, sec. 7.06)

§ 14.02.356 Solar panel systems.

(a)

General purpose and description.

The purpose of these regulations is to accommodate solar panel systems in specific locations in the community while protecting the public’s health, safety and welfare, and to provide a permitting process for solar panel systems to ensure compliance with the requirements and standards established in this section.

(b)

Definitions.

The following words and phrases shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:

Ground-mounted systems.

A solar panel system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure.

Roof-mounted systems.

A solar energy system affixed to a principal or accessory building.

A combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage and distribution of solar energy. Solar panel systems do not include individually powered outdoor solar lights, such as garden lights, accent lights, security lights, flood lights or small solar panels not to exceed 18" x 18".

Roof-mounted systems.

The following regulations shall apply to all roof-mounted solar panel systems:

A roof-mounted system shall not project above the ridgeline of a pitched, gabled or gambrel roof and shall be parallel to the roofline. No roof-mounted system shall be installed greater than six (6) inches between the panel and roof. Solar panels may not extend beyond roof edges.

A roof-mounted system shall not exceed the maximum height permitted within the zoning district system is located within; if the system is to be located on a flat roof such equipment shall be completely screened from public view with screening which is the same as the architectural style of the main structure.

Ground-mounted systems.

The following regulations shall apply to all ground-mounted solar panel systems:

Ground-mounted systems shall not exceed eight feet in height.

Ground-mounted systems shall not be located within the front yard and shall comply with all zoning district setback and lot coverage requirements. Said system shall not be located in, on or across a public easement unless authorized in writing by the easement holder.

Ground-mounted systems shall be screened such that the system is not visible from a public or private street.

General regulations.

The following general regulations apply to all solar panel systems located within any district:

Building permit required.

A building permit must be obtained prior to the construction or installation of a solar panel system. An application for building permit must be accompanied by:

The appropriate permit fee as established in the town’s fee schedule;

A site plan of the proposed solar panel system[;]

A plan view layout of the proposed solar panel system clearly showing:

The location of the system;

All components of the system;

Distances to property lines;

(iv)

Identification of all easements and building setbacks;

(v)

Existing structures on the site;

(vi)

Screening, if required.

Elevation drawings showing:

The design and height of the proposed solar panel system; and

Detailed drawings of all system components.

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer;

Standard installation drawings of the solar energy structure. An engineering analysis of the system showing compliance with the adopted building code and certified by a licensed professional engineer registered in the State of Texas shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.

Construction standards.

Solar panel systems must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all components of a solar panel system shall comply with applicable state and local building codes.

Primary structure required on lot.

A solar panel system may be erected on a lot only after a primary structure has been constructed on the lot.

Signs.

No advertising or other signs shall be allowed on a solar panel system.

Town building codes/safety standards.

To ensure the structural integrity of a solar panel system, the owner of such system must ensure that it is maintained in compliance with all provisions of the Town of Trophy Club’s building code and zoning regulations. If, upon inspection, the town concludes that a solar panel system fails to comply with such codes and regulations or constitutes a danger to persons or property, then upon written notice to the owner of the solar panel system, the owner may have thirty (30) calendar days to bring such system into compliance with applicable standards. Failure to bring such system into compliance shall constitute grounds for the removal of the solar panel system 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.

Maintenance.

A solar panel system shall be maintained at all times, including, but not limited to, maintaining structural integrity and anchoring of system components.

(7)

Removal of unsafe solar panel system.

Solar panel systems that have, due to damage, lack of repair, or other circumstances, become unstable or pose a danger of collapse shall be removed or brought into repair within 30 days following notice given by the building official. If the system is not made safe or removed within 30 days of notification from the town, the town may remove the solar panel system and place a lien upon the property for the costs of the removal. However, the building official may order immediate action to prevent an imminent threat to public safety or property.

(8)

Pre-existing solar panel systems and nonconforming uses.

A solar panel system operative prior to August 1, 2016 and which may not meet all the regulations of this section shall be allowed to continue its present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this chapter. Routine maintenance shall be permitted on the existing system. New construction other than routine maintenance on an existing solar panel system shall comply with the requirements of this article.