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ORD 1997-10 Amending Comprehensive Zoning Ordinance - Height RestrictionsTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 7 -10 P & z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY INCREASING FROM 20 FEET TO 28 FEET THE MAXIMUM HEIGHT RESTRICTION FOR BUILDINGS OR STRUCTURES ADJOINING A RESIDENTIAL DISTRICT IN THE NS NEIGHBORHOOD SERVICE, CG COMMERCIAL GENERAL, AND PO PROFESSIONAL OFFICE ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in accordance with a Comprehensive Plan, heretofore adopted a Comprehensive Zoning Ordinance for the Town, the same being Ordinance No. 94-09 (the "Comprehensive Zoning Ordinance"); and WHEREAS, the Town Council is authorized, pursuant to Chapter 211, Tex. Loc. Gov. Code (Vernon), as amended, and Section 52 of the Comprehensive Zoning Ordinance to amend the Comprehensive Zoning Ordinance; and WHEREAS, after public notices were given in compliance with State law and the Comprehensive Zoning Ordinance and public hearings were conducted, and after considering the evidence and information submitted at the said public hearing 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 the Comprehensive Zoning Ordinance as set forth herein; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the evidence, information and other materials submitted and received at the public hearing and in connection therewith, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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. Amendments to Comprehensive Zoning Ordinance. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, -1- DOC 7: 478322 is hereby amended in the following particulars, and all other chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Section 27 (NS Neighborhood Service District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height." B. Section 28 (CG Commercial General District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height." C. Section 30 (Professional Office District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height." Section 3. Pub. The amendment to the Comprehensive Zoning Ordinance herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 4. Savings. This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 5. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. -2- OOC k: 478322 Section 6. Effective date. This Ordinance shall become effective from and after its date of adoption as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 15th day of ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: to own tt mey, Town ofTrophy Club, Texas -3- DOC #: 478322