ORD 2003-25 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003-25 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING SECTION 47, ENTITLED "LANDSCAPING
REGULATIONS" OF ARTICLE 7, TO ADD SUBSECTION I, TO BE
ENTITLED "RELIEF FROM LANDSCAPING REQUIREMENTS" AND
PROVIDE PROVISIONS THEREOF; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z of the
Town, the same being the Comprehensive Zoning Ordinance, hereinafter referred to as the
"CZO"); and
WHEREAS, since the passage of Ordinance No. 2000-06 P&Z, the Town has discovered
the need to add provisions providing for exemptions to landscaping requirements in such cases
where individual circumstances, such as the presence of existing facilities and/or unusual
topography, limit the applicant's ability to comply with the landscaping requirements of the
CZO; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the Town has recommended to the Town Council the adoption of the amendments to
Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and
WHEREAS, having considered the recommendation of the Planning and Zoning
Commission, the Town Council finds it necessary and beneficial to amend Ordinance No. 2000-
06 P&Z to enumerate additional standards to Section 47, entitled "Landscaping Regulations", of
Article 7, by adding Subsection 1 entitled "Relief From Landscaping Requirements"; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning &
Zoning Commission and the information and other materials received at the public hearings, the
Town Council has concluded that the adoption of this Ordinance is in the best interests of the
Town of Trophy Club, Texas, and of the public health, safety and welfare.
SECTION 3.
AMENDMENT
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, the same being the
Comprehensive Zoning Ordinance, is hereby amended in the following particulars, by adding
Subsection "I", entitled "Relief From Landscaping Requirements" to Section 47 entitled
"Landscaping Regulations" of Article 7, entitled "Development and Design Standards", and all
other articles, chapters, sections, paragraphs, sentences, phrases and words, including but not
limited to those specifically contained in Article 7 Section 47 are not amended but are hereby
ratified and affirmed:
Article 7, Section 47, is amended by adding section "I" as follows:
I. 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:
1. An Applicant shall submit an alternate landscape plan to the
Planning & Zoning Administrator. In addition to complying with
all requirements of Section 47 of the CZO regarding the contents
of landscape plans, such alternate plan shall identify the specific
provisions of Section 47 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.
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2. 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.
3. The landscape plan may be submitted either with a Site Plan or
may be submitted separately.
4. 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.
SECTION 4.
PENALTY CLAUSE
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 2000-06 P&Z is
hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to Ordinance No. 2000-06 P&Z or any
other Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 5.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the platting and subdivision of land which have secured at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be affected
by this Ordinance but may be prosecuted until final disposition by the courts.
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SECTION 6.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy CIub is hereby directed to publish in one
issue of the official newspaper of the Town of Trophy Club, the Caption, Penalty Clause and
Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty Clause and Effective Date Clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the
Ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town
this 1" day of December, 2003.
Effective Date: December 6, 2003
ATTEST:
Town Secretary
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the Town
Club, Texas,
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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