ORD 2016-27 P&Z TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-27 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.251, "TEMPORARY USES", IN THE
ZONING REGULATIONS OF THE CODE OF ORDINANCES;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town of Trophy Club desires to amend Section 14.02.251,
"Temporary Uses", in the zoning regulations of the Code of Ordinances to allow
provisions for the regulation of portable classroom structures in addition to other minor
amendments; and
WHEREAS, notice of a public hearing before the Town Council was published in
a newspaper of general circulation in Trophy Club at least 15 days before such hearing.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1. THAT Section 14.02.251, "Temporary Uses", in the zoning
regulations of the Code of Ordinances, is hereby amended to read
as follows:
(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) Community garage sales, by special privilege, see subsection (e) of
this section.
(2) 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.
(3) Temporary sales of merchandise by nonprofit organizations.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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
ORD 2016-27 P&Z Page 2 of 5
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.
(9) 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.
(10) Any other temporary use not listed herein. Said unlisted use shall be
considered by the town council upon the recommendation of the
planning and zoning commission.
(b) Temporary use permit. Including the application requirements contained in
Section (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) Community garage sale by special privilege. Upon approval by the town
council, after recommendation by the planning and zoning commission, a
community garage sale shall be permitted by special privilege to civic
organizations or nonprofit organizations. Such events shall not occur more
than twice annually; and each event shall be one day in duration. Approval
of said special privilege shall be a condition to prior approval of operations
of the event and the proposed locations of the garage sale sites by the
town department of public safety.
ORD 2016-27 P&Z Page 3 of 5
(e) 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."
SECTION 2. THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the zoning regulations of the Code of Ordinances,
and upon conviction shall be punishable by a fine not to exceed the
sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
SECTION 4. THAT this ordinance shall take effect immediately from and after its
passage.
SECTION 5. THAT all other provisions of the zoning regulations and the Code of
Ordinances shall remain in full force and effect, except as amended
herein.
ORD 2016-27 P&Z Page 4 of 5
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 9th day of August 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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ATTEST:
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Holly Fi s, Town Secretary
Town of Trophy Club, Texas 11. Pk\
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APPROVED TO AS FORM:
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David Dodd, Town A ttorney
Town of Trophy Club, Texas
ORD 2016-27 P&Z Page 5 of 5