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ORD 2009-09TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-09 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED "ZONING", ARTICLE V, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 5.03 ENTITLED "ACCESSORY STRUCTURES AND USES", SUBSECTION A. 1. b. (vi) AND c. RELATIVE TO LOCATIONS OF FLAGPOLES, AND SUBSECTION D. ENTITLED "LOCATION;" PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; 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 A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission, and the information and other materials received at public hearing, the Town Council has concluded that the amendments of this Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and general welfare; and WHEREAS, as currently allowed in the Town's Ordinance, flagpoles may not exceed 20-ft. in height and may be located in the front yard behind the front setback; and WHEREAS, "behind the front setback" severely limits locating flagpoles in the front yard; and WHEREAS, after review by the Town staff, who are charged with maintaining safety and beautification standards, Staff recommended that the Town's Ordinance be amended to allow flagpoles in the front yard provided they are not located in Town right-of-way or in any identified easement, and must be a minimum of six feet (6') from rear and side lot lines; and Ordinance 2009-09 WHEREAS, having determined that changing the regulations of accessory structures in accordance with the provisions set forth below allows improvements to property that beautify, increase enjoyment and add value to property is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS 2.01 Section 5.03, Entitled "Accessory Structures and Uses", of Article V, Entitled "Supplementary District Regulations" of Chapter 13, Entitled "Zoning", of the Code of Ordinances of the Town of Trophy Club, is hereby amended so that Subsection A(1)(b)(vi), Subsection A(1)(c). and Subsection 0 of Section 5.03 read in their entirety as follows: A b 1 A 1 vi. One Flag Pole less than twenty feet (20') in height per residential lot; flagpoles are allowed in the front yard but cannot be in Town right·of·way or in any identified easements; and must be a minimum of six feet (6') from rear and side lot lines. Permissible flags are as defined in the Code of Ordinances, Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.07. c. In all residentially zoned districts, when any of the foregoing permitted residential accessory uses are detached from the principal single-family dwelling, such accessory uses shall be located, except flagpoles as defined in item "vi" above: i. Behind the front building setback; and ii. A minimum of twenty feet (20') from any street right of way; and iii. A minimum of six feet (6') from rear and side lot lines. D. Location: There shall be no accessory structures located in any front yard or side yards, with the exception of a flag pole aflti...£i!jflS, as defined by this article in item "vi" above. Accessory structures erected ten (10) feet or closer to the principle building shall be considered to be attached and part of the primary structure for calculating total square feet under roof and shall comply with the setback lines established for that zoning district. If the total square feet under roof (including said accessory structures) exceed 7,500 sq. ft., then the entire new accessory structure must be protected with a sprinkler system. In a case where more than one accessory structure is on the same lot, each structure shall have a minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer than ten (10) feet to the principle building. If the waters edge of a swimming pool, or any accessory structure that is excavated for foundation footing, is located six (6) feet or closer to the Ordinance 2009-09 primary dwelling, an engineer's letter, stamped by all applicable engineers, stating the excavation will not in any way harm the structural integrity of the primary dwelling, will be required at the time of plan submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the zoning regulations in the district in which they are located. SECTION 3. 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 each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures 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 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. 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. Ordinance 2009-09 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 18th day of May, 2009. C..;? ~ Effective Date: 5127109 ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town of Trophy Club, Texas Ordinance 2009-09 -:M:-:-ay-o-r-, -:CN::-'ic-;-k-"s""a::"'n-t:~"'e""rs:..L.O-"-------­ Town of Trophy Club, Texas [SEAL]