ORD 1994-09 Combine Ordinances 91-01 A-HTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 4 - 0 9
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS COMBINING
INTO ONE ORDINANCE, WITHOUT SUBSTANTIVE CHANGE,
ORDINANCE NO. 91-01 OF THE TOWN AND ALL AMENDMENTS
THERETO (BEING ORDINANCE NOS. 91-01A, 91-01B, 91-01C) 91-01D, 91-
01E, 91-01F, 91-01G AND 91-01H), THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE; AS PROVIDED IN ORDINANCE
NO. 91-01, FINDING THAT THE ADOPTION OF THE COMPREHENSIVE
ZONING ORDINANCE IS TO: ESTABLISH ZONING DISTRICTS;
REGULATE THE HEIGHT AND SIZE OF BUILDINGS AND OTHER
STRUCTURES; SET THE PERCENTAGES OF A TRACT THAT MAY BE
OCCUPIED, AND FOR WHAT PURPOSES; ESTABLISH THE MINIMUM
SETBACKS AND OTHER OPEN SPACES, AND THE DENSITY OF
POPULATION; REGULATE THE LOCATION AND USE OF BUILDINGS,
STRUCTURES AND LAND FOR RESIDENCE, BUSINESS, TRADE,
COMMERCE, INDUSTRY OR OTHER PURPOSES; REGULATE THE
ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION,
REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH
DISTRICTS; PROVIDE FOR OTHER REQUIREMENTS, CONDITIONS,
LIMITATIONS AND OTHER CRITERIA FOR THE USE AND
DEVELOPMENT OF PROPERTY; PROVIDING FOR TEMPORARY USES OF
PROPERTY, PERFORMANCE STANDARDS, OFF-STREET PARKING
REQUIREMENTS, OFF-STREET LOADING REQUIREMENTS, PARKING
AND LOADING AREA DEVELOPMENT STANDARDS AND PARKING LOT
STANDARDS, ACCESSORY AND PRINCIPAL BUILDING STANDARDS
AND REQUIREMENTS, CORNER LOT STANDARDS AND
REQUIREMENTS, HEIGHT LIMITATIONS, REQUIRED YARD AND
SETBACK AREAS AND PROJECTIONS INTO REQUIRED YARDS;
PROVIDING FOR DEDICATION OF PUBLIC PARKS, PUBLIC STREETS;
PUBLIC DRAINAGE AND UTILITY EASEMENTS TO ADEQUATELY
SERVE THE PROPERTY AT NO COST TO THE TOWN OF TROPHY CLUB;
PROVIDING FOR SCREENING, LANDSCAPING, BUFFERING WALLS
AND FENCES; PROVIDING FOR A CERTIFICATE OF OCCUPANCY
COMPLIANCE, AND NON -CONFORMING USES AND COMPLETION OF
EXISTING BUILDINGS; REQUIRING SITE PLAN DISTRICT ZONING
WHERE THE STORAGE, POSSESSION, SALE, SERVING OR
CONSUMPTION OF ALCOHOLIC BEVERAGES ARE PERMITTED BY THE
LAW OF THE STATE OF TEXAS, AND PROVIDING FOR STANDARDS
AND SPECIAL REGULATIONS WITHIN SUCH DISTRICT; PROVIDING A
PROCEDURE FOR CHANGING EXISTING ZONING TO DISTRICT USES,
CLASSIFICATION AND REGULATION UNDER THIS ORDINANCE;
PROVIDING FOR ZONING MAPS AND USE DESIGNATION AND
CHANGES; PROVIDING THAT USES NOW PROHIBITED BY OTHER
ORDINANCES SHALL NOT BE PERMITTED; PROVIDING FOR
APPLICATIONS FOR ZONING CHANGES, FEES, PROCEDURES AND
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NOTICES; PROVIDING FOR A ZONING BOARD OF ADJUSTMENT AND
DUTIES OF SUCH BOARD; DEFINING CERTAIN WORDS AND PHRASES;
PROVIDING FOR CHANGES AND AMENDMENTS OF THE ORDINANCE,
ZONING DISTRICTS, ZONING USE DESIGNATIONS AND
CLASSIFICATIONS AND PROCEDURES; PROVIDING THAT ALL NEW
APPLICATIONS FOR ZONING CHANGES SHALL BE GRANTED UNDER
THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE TERMS
AND PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY
OF NOT LESS THAN ONE DOLLAR ($1.00) NO MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR A VIOLATION OF THIS
ORDINANCE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING THAT EXCEPTIONS NEED NOT
BE NEGATED IN COMPLAINTS; REPEALING ORDINANCE NOS. 91-01,
91-01A, 91-01B, 91-0IC, 91-01D, 91-01E, 91-01F, 91-01G AND 91-01H;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in
accordance with a Comprehensive Plan, on January 15, 1991 adopted a Comprehensive Zoning
Ordinance for the Town, the same being Ordinance No. 91-01 of the Town (the "Comprehensive
Zoning Ordinance"); and
WHEREAS, the Town Council is, pursuant to Chapter 211, Tex. Loc. Gov. Code
(Vernon), as amended, authorized and empowered to amend the Comprehensive Zoning
Ordinance; and
WHEREAS, the Comprehensive Zoning Ordinance has, since its adoption, been amended
by the following ordinances:
Ordinance No. 91-01A, adopted June 16, 1992
Ordinance No. 91-01B, adopted August 6, 1992
Ordinance No. 91-01C, adopted October 15,1992
Ordinance No. 91-01D, adopted February 16, 1993
Ordinance No. 91-01E, adopted February 16, 1993
Ordinance No. 91-01F, adopted July 20, 1993
Ordinance No. 91-01G, adopted August 3, 1993
Ordinance No. 91-01H, adopted July 7, 1994
(together, the "Amending Ordinances"); and
WHEREAS, it is the intent of the Town Council, in order to make the Comprehensive
Zoning Ordinance more accessible and easier to utilize, to combine without substantive change
Ordinance No. 91-01 and the Amending Ordinances, thereby making the Comprehensive Zoning
Ordinance into a single ordinance; and
WHEREAS, the Town Council, in adopting the Comprehensive Zoning Ordinance, the
Amending Ordinances and this Ordinance, took into consideration the character of each district
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and its peculiar suitability for particular uses, with a view of conserving the value of buildings
and encouraging the most appropriate use of land in the Town; and
WHEREAS, the Town Council hereby finds that the adoption of this Ordinance promotes
the health and general welfare of the citizens of the Town; and
WHEREAS, the Comprehensive Zoning Ordinance and Amending Ordinances were
adopted after public notices were given in compliance with State law and public hearings were
conducted, and after considering the information submitted at the said public 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 in this Ordinance; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and 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.
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 in their entirety.
Section 2. Combining of Comprehensive Zoning Ordinance and All Amending
Ordinances. For the purpose of making the Comprehensive Zoning Ordinance, as amended,
more accessible and understandable, the Comprehensive Zoning Ordinance, being Ordinance No.
91-01, and all amendments thereto, being Ordinance Nos. 91-0IA, 91-01B, 91-01C, 91-011),
91-01E, 91-01F, 91-01G and 91-01H, are hereby combined and merged into this Ordinance as
set forth in Exhibit "A" (which Exhibit includes Sections 1 through 59 of Ordinance No. 91-01
as amended by the Amending Ordinances) attached hereto and incorporated herein for all
purposes. It is the intent of the Town Council that in effecting the combination of the said
Zoning Ordinances there shall be no substantive change. From and after the effective date of
this Ordinance, this Ordinance shall be known as the Comprehensive Zoning Ordinance of the
Town of Trophy Club, Texas.
Section 3. Savings: Re ealer. This Ordinance shall be cumulative of all other
ordinances of the Town and shall not repeal any of the provisions of those ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions
of this Ordinance; provided, however, that Ordinance Nos. 91-01, 91-0IA, 91-01B, 91-01C, 91-
01D, 91-01E, 91-01F, 91-01G and 91-OIH are hereby repealed in their entirety, such repeal to
take effect as of the effective date of this Ordinance, but provided however that any complaint,
action, cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to the said repealed Ordinances shall continue to be
governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 91-01, 91-
01A, 91-01B, 91-01C, 91-01D, 91-01E, 91-01F, 91-01G and 91-01H shall be deemed to remain
and continue in full force and effect. It is further the intent hereof that, in the event the
adoption of this Ordinance shall be found by a court of competent jurisdiction to be unlawful or
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invalid for any reason, the said repealed ordinances shall not be repealed but shall thereafter
continue in full force and be valid in their entirety.
Section 4. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this Ordinance
shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Section 5. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance, and the Town Council hereby declares it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 6. Effective Date. This Ordinance shall become effective from and after its date
of adoption and publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 7 t h day of July , 1994.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town torney,
Town of Trophy Club, Texas
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[TEXT OF THE COMPREHENSIVE ZONING ORDINANCE]