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ORD 2025-32 Nursing Facility RegulationsTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-32 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 14.02.052, "DEFINITIONS," SECTION 14.02.103, "USE TABLE," AND DIVISION 5, "SUPPLEMENTARY DISTRICT REGULATIONS," OF ARTICLE 2, "ZONING ORDINANCE," OF CHAPTER 14, "ZONING," OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, BY UPDATING REGULATIONS PERTAINING TO NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND COMMUNITY HOMES AND ESTABLISHING FOR THE REGISTRATION OF SUCH OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; 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 has previously adopted regulations governing the nursing, rest, and convalescent homes and homes for the developmentally disabled; and WHEREAS, the Town Council desires to update the Town's regulations of such operations in order to align with current state law governing nursing facilities, assisted living facilities, and community homes, and to provide for the registration and inspection of such operations; 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 September 22, 2025, at 7:00 p.m., 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. 2025-32 PAGE 2 SECTION 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. Section 14.02.052, "General definitions," of Division 21 "Definitions," of Article 2, "Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by deleting the definitions of "Convalescent home" and "Group home for the disabled" and by adding the following new definitions, inserted alphabetically to read as follows: "Assisted living facility. A facility that furnishes food and shelter and provides personal care and services pursuant to Chapter 247 of the Texas Health and Safety Code. Community home. A community -based residential home, as defined by Texas Human Resources Code Chapter 123, that is operated by: a) the Department of Aging and Disability Services; b) a community center organized under Subchapter A, Chapter 534, Texas Health and Safety Code, that provides services to persons with disabilities; c) an entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; d) an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or e) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. Nursing facility. Convalescent and nursing facilities that provide services pursuant to Chapter 242 of the Texas Health and Safety Code." SECTION 3. Subsection (a), "Residential," of Section 14.02.103, "Use table," of Division 3, "Establishment of Districts," of Article 2, "Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by deleting the use classifications for "Home for developmentally disabled" and "Nursing, rest and convalescent home" and adding the following new use classifications, inserted alphabetically to read as follows: ORDINANCE NO. 2025-32 PAGE 3 Permitted Uses District Classifications R- 15 R- 12 R- 11 R- 10 R- 9 R- 8 R- FV R- TT R- OH R- OHP R- S M H N S (a) Residential *Assisted living facility P Community home P P P P P P P P P P P P Nursing facility P "Assisted living facilities are also defined as a community home under Texas Human Resources Code Ch. 123, provided that the exterior structure retains compatibility with the surrounding residential dwellings. A reasonable accommodation must be requested and obtained for an assisted living facility to be zoned within a residential district." SECTION 4. Division 5, "Supplementary District Regulations," of Article 2, "Zoning Ordinance," of Chapter 14, "Zoning," of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by adding a new Section 14.02.263, "Nursing Facilities, Assisted Living Facilities, and Community Homes," to read as follows: "14.02.263 Nursing facilities, assisted living facilities, and community homes. (a) Purpose. The purpose of this section is to establish safeguards to protect the life, health, safety, and property of the occupants of nursing facilities, assisted living facilities, or community homes and the general welfare of the public by developing procedures to enforce minimum standards and to provide equitable and practical criminal, administrative, and civil remedies for violations of this section. (b) Definitions. Unless specified in this section, all terms used herein shall have the meaning assigned by section 14.02.052 of this code. (1) Certificate of occupancy. A certificate issued by the town in accordance with all applicable laws, ordinances, or codes authorizing occupancy of a building. (2) Operator. The owner, manager, or other responsible party tasked with managing a property as a nursing facility, assisted living facility, or community home, whether an individual or an entity. ORDINANCE NO. 2025-32 PAGE 4 (3) Life safety violation. A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that represents an imminent threat of death or injury to persons on the premises of a nursing facility, assisted living facility, or community home. (4) Critical violation. A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that is capable of causing or contributing to injury or illness of persons on the premises of a nursing facility, assisted living facility, or community home. (5) Non -critical violation. A violation of the most recently adopted editions of the Building Code or International Property Maintenance Code as adopted by the town, the town charter, the Code of Ordinances, or other applicable local, state, or federal law that is not considered a life safety or critical violation. (c) Applicability and Administration. (1) This chapter shall apply to all nursing facilities, assisted living facilities, and community homes located in the town which are now in existence, or which may hereafter be constructed or converted from other uses. (2) The community development department is authorized to administer and enforce the provisions of this section and the town's building standards regulations. (3) The community development department shall have the authority to render interpretations of this section and to adopt policies and procedures to clarify the application of its provisions. (d) Registration. (1) No nursing facility, assisted living facility, or community home shall be used or occupied until the operator has obtained a certificate of occupancy in accordance with this code. (2) An operator that operates a nursing facility, assisted living facility, or community home must register with the town's community development department on an annual basis. Such registration is valid from the date that the application is approved for a period of one (1) year. (3) The operator of a nursing facility, assisted living facility, or community home that is constructed after the effective date of this section shall register within 30 days after obtaining its certificate of occupancy, and annually thereafter. ORDINANCE NO. 2025-32 PAGE 5 (4) The registration shall be on a form prescribed by the town, shall be accompanied by the fee identified in the town's fee schedule, and shall contain the following information: (A) The operating name, physical address, and business address for the nursing facility, assisted living facility, or community home; (B) The owner name, phone number, email address, physical address, business address, and, if applicable, type of business entity that owns the nursing facility, assisted living facility, or community home; (C) To the extent applicable, the names, addresses, email addresses, and telephone numbers of the property manager, resident manager, registered agent, and all federal, state, and local funding agencies, (D) To the extent applicable, all federal, state, and/or local licenses, applications for licenses, and/or inspection reports related to the operations of the nursing facility, assisted living facility, or community home; (E) The names and physical addresses of designated employees or authorized representatives who shall be assigned to respond to emergency conditions, to include fires, natural disasters, floods, burst pipes, collapse hazard, violent crime, and other similar conditions, and a telephone number where said employees can be contacted during any 24-hour period. (F) The total number of rooms and/or sleeping spaces; (G) If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and physical address of a duly authorized agent for the entity; and (H) If the property is not owned by the applicant or entity intending to own and/or operate the nursing facility, assisted living facility, or community home, a notarized statement from the property owner consenting to the proposed operations to be conducted at the property. (e) Inspections and Violations. The town may conduct inspections to ensure compliance with minimum building standards and health and safety regulations in accordance with the following provisions. All inspections shall be subject to the fees identified in the town fee schedule. (1) Inspections may be conducted upon filing of a new or renewal registration, upon application for or to verify compliance with a certificate of occupancy, ORDINANCE NO. 2025-32 PAGE 6 and upon reports of code violations, including complaints filed with the town, which may result in further periodic or follow-up inspections; (2) Inspections may be conducted of the following areas: (A) All building exteriors, including landscaping and screening features; (B) All public areas; (C) Unoccupied dwelling units; and (D) Occupied dwelling units upon the consent of the occupant or the operator or, if necessary, when subject to a warrant issued by a court of competent jurisdiction. (3) In the event an inspection identifies violations of minimum building standards and health and safety regulations, the following provisions shall apply: (A) When an inspection is made at a community home or assisted living facility and a violation is found to exist, a notice of violation will be prepared by the town. The notice of violation shall be deemed delivered when a copy of the notice: (i) Is delivered in person to the operator; or (ii) Two days after the copy of the notice of violation is deposited with the U.S. Postal Service and addressed to the landlord, owner, or property manager, with proper postage affixed. (B) Upon receiving a notice of violation, the operator shall timely correct all violations identified in a notice of violation, mitigate safety threats arising from the violations immediately, and make repairs within a reasonable period of time, as identified herein. Conditions creating life safety threats must remain secured from occupants until all repairs are completed. (4) In addition to other authority granted by this section, the town has all rights and authority granted by Article 18.05 of the Texas Code of Criminal Procedure. Inspections shall comply with all federal, state, and local laws, regulations, and ordinances. (5) When considering a violation created by a tenant, the town may consider the timeliness of the operator's response to the violation, actions taken by the operator to address a tenant's activities that may have caused the violation, and actions taken by the operator to prevent or reduce similar violations in the future. ORDINANCE NO. 2025-32 PAGE 7 (6) Operators shall have an opportunity to correct violations subject to the following timelines. The time to correct a violation may be extended at the town's discretion upon a showing of good cause and identification of a corrective action plan with targets for satisfactory progression toward compliance. (A) A life safety violation shall be corrected within 24 hours of the issuance of the notice of violation, (B) A critical violation shall be corrected within 72 hours of the issuance of the notice of violation; and (C) A non -critical violation shall be corrected within 30 days of the issuance of a notice of violation. (7) Failure to timely correct violations in accordance with this section may result in the revocation of a certificate of occupancy. (8) The town shall report all violations of applicable state law to the Department of Aging and Disability Services. (f) Parking Regulations. (1) An assisted living facility and/or nursing facility subject to this article, other than a community home, must provide adequate parking in accordance with the town's subdivision ordinance and other applicable regulations. Additionally, parking is restricted to the number of off-street parking spaces associated with the facility structure and to on -street parking immediately adjacent to the property's front lot line. All motor vehicles are further subject to the parking regulations contained in chapter 12 of the code. (2) A community home subject to this article may not keep, for the use of the residents of the home, motor vehicles in numbers that exceed the number of bedrooms in the home either on the premises of the home or on a public right-of-way adjacent to the home, in accordance with Section 123.009 of the Texas Human Resources Code. (g) Waste Disposal Regulations. (1) A nursing facility, assisted living facility, or community home subject to this article shall comply with all applicable town requirements for solid waste disposal. (2) Additionally, any nursing facility, assisted living facility, or community home producing medical waste must dispose of such waste in accordance with all applicable state regulations for such disposal. (h) Compatibility with Residential Areas; Location Requirements. ORDINANCE NO. 2025-32 PAGE 8 (1) A community home, including an assisted living facility that retains compatibility with surrounding residential dwellings, is subject to the subdivision and zoning regulations contained in chapters 10 and 14 of the code. In order to construct improvements or operate a use not consistent with said regulations, a community home may apply for a reasonable accommodation in accordance with this chapter, if applicable. (2) In accordance with Section 123.008 of the Texas Human Resources Code, a community home may not be established within one-half mile of an existing community home. (i) Reasonable Accommodations. The provisions in this chapter governing the operation of community homes shall not be construed to limit a person's right to request a reasonable accommodation on the basis of a disability. A person requesting a reasonable accommodation from this ordinance on the basis of a disability may file a request for reasonable accommodation with the community development department. (1) A reasonable accommodation request may be made by any person with a disability; the person's representative; a developer; or a provider of housing for individuals with disabilities. The request shall state the reason for the accommodation and the basis for the request and demonstrate that the reasonable accommodation is requested on the basis of disability and is both reasonable and necessary to ensure equal opportunity for individuals with disabilities to obtain housing in accordance with the Fair Housing Act. (2) If the reasonable accommodation request demonstrates the qualifications set forth in subsection (1) above and the requested accommodation would not fundamentally alter the town's land use and zoning patterns or disproportionately impact the surrounding area, the town shall grant the reasonable accommodation request. If the town determines that a different reasonable accommodation would provide equal opportunity as described in subsection (1) above, the town may offer such alternative reasonable accommodation. (3) A decision of the town regarding a reasonable accommodation request may be appealed to the town's zoning board of adjustment in accordance with the procedures outlined in Section 14.02.405 of this code. (4) Following the approval of a reasonable accommodation for a community home in a residential district, the town may notify the owners of property located within two hundred feet (200) of the subject property that a community home is located at the subject property. Such notification shall include a copy of this section's regulations. 0) Reporting Requirement. For any nursing facility, assisted living facility, or community home subject to state licensure, the town shall report to the any applicable state licensing authority any nursing facility, assisted living facility, or community home ORDINANCE NO. 2025-32 PAGE 9 that the town finds: (k) (1) Is established or operating in the town without a state license; (2) Poses an immediate threat to the health and safety of one or more resident(s) of the assisted living facility; or (3) Is otherwise violating a provision of Chapters 242 or 247 of the Texas Health and Safety Code, as amended; Chapter 123 of the Texas Human Resources Code, as amended; or any rule, regulation, or standard governing nursing facilities, assisted living facilities, or community homes promulgated in accordance with said statutes. Enforcement. (1) Criminal enforcement. A violation of this chapter is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with this code. Each occurrence of a violation or each day that a violation continues shall constitute a separate offense. The failure to perform an act required by this chapter is a violation of this chapter. (2) Civil enforcement. The town may enforce this chapter by pursuing all civil remedies to which it is entitled by law, to include filing suit and recovering civil penalties pursuant to Chapter 54 of the Texas Local Government Code. The town may also institute suit to recover the cost of any actual damages incurred by the town, and any costs of response, remediation, abatement, and restoration incurred by the town as allowed under state or federal laws or at common law." SECTION 5. Section A-1.003, "Community development department," of Article 1.000, "General Provisions," of Appendix A, "Fee Schedule," of the Code of Ordinances, Town of Trophy Club, Texas, is hereby amended by adding a new Subsection (hh), "Nursing facilities, assisted living facilities, and community homes," to read as follows: "(hh) Nursing facilities, assisted living facilities, and community homes: (1) Permit application: $300. (2) Legal review: Actual cost. (3) Inspection: $150. (4) Reinspection: $150.00 per each additional reinspection. (5) For use of outside consultants for inspections: Actual cost." ORDINANCE NO. 2025-32 PAGE 10 SECTION 6. 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 7. 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. SECTION 8. 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 9. 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. SECTION 10. 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. SECTION 11. This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORDINANCE NO. 2025-32 PAGE 11 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22nd day of September, 2025. APPROVED AS TO FORM: D4KRog n Attorney