ORD 2025-25 Amending Ch. 14 ZBA waiting period TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-25
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB,
TEXAS, CHAPTER 14 "ZONING," DIVISION 8, "ADMINISTRATION AND
ENFORCEMENT," SECTION 14.02.405 "ZONING BOARD OF
ADJUSTMENT," "(J) WAITING PERIOD," TO REDUCE THE WAITING
PERIOD FROM ONE (1)YEAR TO NINETY(90) DAYS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; 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 FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule
municipality 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 Council is authorized and empowered by law, in accordance
with Chapter 211 of the Texas Local Government Code,to regulate land use, and property
development within the Town for the public health, safety, and general welfare; and
WHEREAS, the Town Council desires to update the Town's regulation of the
waiting period between Zoning Board of Adjustment applications on a property; and
WHEREAS, after public notice was given in compliance with State law and a public
hearing was conducted, and after considering the information submitted at the 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 this
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council on August 25, 2025, at which the Town
Council considered the information submitted at the public hearing and all other relevant
information and materials.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ORDINANCE NO. 2025-25 PAGE 2
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.
The Code of Ordinances, Town of Trophy Club, Texas, Chapter 14 "Zoning,"
Division 8, "Administration and enforcement.," Section 14.02.405 "Zoning board of
adjustment.," Subsection "(j) Waiting period.," only is hereby amended in its entirety to
read as follows:
"§ 14.02.405 Zoning board of adjustment.
(j) Waiting period. No appeal to the zoning board of adjustment shall be allowed
on the same piece of property or on the same or similar question prior to the
expiration of ninety (90) days from the date of a ruling of the zoning board of
adjustment on any appeal to such body unless other property in the same zoning
area shall have, within such ninety (90) day period, been altered or changed by a
ruling of the zoning board of adjustment, in which each such change of
circumstances shall permit the allowance of an appeal."
Except for Subsection (j) above, all other sections and subsections of Section 14.02.405,
shall remain unmodified by this Ordinance.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other ordinance affecting the subject matter of this Ordinance
within the Town which have accrued 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.
ORDINANCE NO. 2025-25 PAGE 3
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.
SECTION 6.
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 hereof shall be fined, upon
conviction, in an amount 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. The penalty provided by this section shall be
cumulative of all other penalties allowed by law, including without limitation, civil remedies
available for enforcement of this Ordinance.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
caption and penalty clause of this Ordinance as required by Section 3.16 of the Town's
Charter or Section 52.013 of the Texas Local Government Code, as applicable.
SECTION 8.
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 T Council of the Town of Trophy Club,
Texas, this 25th day of August 2025.
ROp,
0 w c: J anne a Tiffany, May
ATTEST:
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Tammy Dixon, Tit n Sir b
APPROVED AS TQ...FM:
Dean R gia, ow Attorney