ORD 2003-09 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003-09 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN,
THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE, BY AMENDING SECTION 35, ENTITLED
"ACCESSORY STRUCTURES" OF ARTICLE 5, BY REVISING
SUBSECTION E, "LOCATION", TO ALLOW SIGNS TO BE
PLACED IN FRONT YARDS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($29000,00) 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 SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, (the "Town") has the authority
and power to adopt regulations governing the use of land in the interest of the public
health, safety and welfare of its citizens and providing for the orderly development of
land within the Town; and
WHEREAS, on the 21" day of March, 2000, after due deliberations and
consideration of the recommendation of the Planning and Zoning Commission and the
information and other materials received at public hearings, the Town Council adopted
Ordinance 2000-06 P&Z, the same being the Comprehensive Zoning Ordinance, adopting
the updated Comprehensive Zoning Ordinance; and
WHEREAS, the adoption of Ordinance No. 2000-06 P&Z included requirements
regarding the placement of signs, as governed by the provisions of accessory structures,
as outlined in Section 35 of Article 5, Supplementary District Regulations; and
WHEREAS, since the adoption of Ordinance No. 2000-06 P&Z, practical
necessity has created the demand to revise a portion of Ordinance No. 2000-06 P&Z,
allowing the placement of signs in front yards; and
WHEREAS, the adoption of such provisions has been reviewed by the Town's
Planning & Zoning Commission, and after holding the required public hearings, the
Planning & Zoning Commission recommends approval of such provisions through this
Ordinance by amending Ordinance No. 2000-06 P&Z, the sante being the
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Comprehensive Zoning Ordinance, Article 5, Section 35, Subsection "L" (herein referred
to collectively as the "Accessory Structure Signage Amendment"); and
WHEREAS, all legal notices, required public hearings and other conditions
required by law having been complied with, the proposed Accessory Structure Signage
Amendment was considered by the Planning & Zoning Commission and the Town
Council and the Town Council had determined it to be in the best interest of the Town to
adopt the proposed Ordinance amendment;
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 untrue and correct and are incorporated
herein and made a part for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z of the Town of Trophy Club, the same being the
Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words, including
but not limited to those specifically contained in Article 5 entitled "Supplementary
District Regulations", Section 35 entitled "Accessory Structures", Subsection "L",
entitled "Location", are not amended but are hereby ratified and affirmed:
Article 5, Section 35, Subsection "L" is amended as follows:
E. Location: An accessory structure, with exception of a flag pole
and signs, shall not be located in any front yard, as defined by this
ordinance, and shall be located at least ten (10) feet from any
dwelling, building or structure existing or under construction on
the same lot or any adjacent lot, except swimming pools, which
may be located nearer than ten (10) feet from any dwelling existing
as long as the excavation of the swimming pool does not in any
way harm or endanger the existing building or dwelling.
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.
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; provided however, that
Ordinance No. 2000-06 P&Z is hereby repealed. 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 Ordinance No. 2000-06 P&Z or any other Ordinance on the
date of adoption of this Ordinance shall continue to be governed by the provisions of
such Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
PENALTY CLAUSE
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 S.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the platting and subdivision of land which have secured 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 6.
SEVERABILITY CLAUSE
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.
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SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish in
one issue of the official newspaper of the Town of Trophy Club, the Caption, Penalty
Clause and Effective Date Clause 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 by copying the exact Caption, Penalty Clause and Effective
Date Clause in the minutes of the Town Council of the Town of Trophy Club and by
filing this Ordinance in the Ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take 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 th@ Town of Trophy Club,
Texas, this the 7th day of July, 2003. ,, '' ,.
0
Town Secretary
Town of Troplik Club, Texas
[SEAL]
APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Chub, Texas
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of Tree y Club, Texas
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