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ORD 2003-10 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003-10 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 ARTICLE 6, TO REVISE THE TITLE OF ARTICLE 6 TO "CONDITIONAL AND SPECIFIC USES" AND BY ADOPTING SECTION 44.1 ENTITLED "SPECIFIC USE PERMITS" ("SUP"); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; ESTABLISHING AUTHORIZED SPECIFIC USES; PROVIDING PROVISIONS FOR APPLICATION; SETTING FORTH GUIDELINES FOR THE CONTENTS OF THE SUP PERMIT APPLICATION; ESTABLISHING PROVISIONS FOR A PUBLIC HEARING; ESTABLISHING PROVISIONS FOR THE CONSIDERATION OF A SPECIFIC USE PERMIT APPLICATION; PROVIDING CONDITIONS AND RESTRICTIONS; PROVIDING AN AFFIDAVIT OF COMPLIANCE WITH CONDITIONS; ESTABLISHING GUIDELINES FOR THE EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE; PROVIDING A PERIOD OF VALIDITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER 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 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") is a Type A General Law Municipality located in Denton County, Texas and created and operating in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the amendment to the Town's Ordinance allows landowners the opportunity to request the development of certain land uses in a manner compatible with surrounding zoning and existing land uses; and WHEREAS, the adoption of provisions regulating the grant of a Specific Use Permit will permit a land use not otherwise allowed in a district contingent upon both initial compliance with certain conditions precedent and the continued maintenance of such conditions precedent; and 1 of 8 WHEREAS, permitting such uses contingent upon compliance with conditions precedent will allow the orderly development of the Town in a manner that is compatible with adjacent property and consistent with the character of the neighborhood; and WHEREAS, the adoption of such new provisions has been reviewed by the Town's Planning & Zoning Commission, and after holding the required public hearing, the Planning & Zoning Commission recommends approval of such provisions through this Ordinance by amending Article 5 by adding Section 44.1, entitled "Specific Use Permits `SUP"' (herein ID referred to collectively as the "SUP Amendment"); and WHEREAS, all legal notices, required public hearings and other conditions required by law having been complied with, the proposed SUP amendment was considered by the Planning & Zoning Commission and the Town Council; 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 true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning & Zoning Commission and the information and other materials received at the public hearings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public, safety and welfare and is consistent with the Town's Comprehensive Land Use Plan. SECTION 3. AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: SECTION 44.E ' SPECIFIC USE PERMITS"SUP" A. PURPOSE The Specific Use Permit procedure is designed to provide the Planning & Zoning Conunission and the Town Council with an opportunity for discretionary review of 2of8 requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon the health, safety and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to provide, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary Specific Use Permit procedure is designed to enable the Planning & Zoning Commission and the Town Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for Specific Use Permits when it is apparent that a proposed use or structure will or may occasionally harm the community or cause substantial injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. AUTHORIZED SPECIFIC USES: The following uses and structures may be established or constructed only upon the issuance of a Specific Use Permit in accordance with the provisions of this Ordinance. 1. Gas and oil well drilling and production. 2. Children's Day Care Center, unless otherwise specifically allowed. C. APPLICATION: An application for Specific Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any -- application filed by a person who is not the owner of the property for which the Specific Use Permit is sought shall be accompanied by evidence of the consent of the owner. D. PERNUT APPLICATION: An application for a Specific Use Permit, along with the permit fee, shall be filed with the Planning & Zoning Coordinator, who shall forward a copy to the Planning & Zoning Commission. The application shall contain the following information: Applicant's name, address, phone number and their interest in the subject property. 2. Owner's name, address and phone number, if different from the applicant, as well as the owner's signed consent to the filing of the application. 3. Zoning classification and present use of the subject property. 4. A description of the proposed Specific Use. 5. An application for site plan approval, which shall be in accordance with Section 41, Site Plan Requirements. 3of8 6. A detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood. 7_ A statement as to how the proposed Specific Use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected. 8. An identification of any potentially adverse effects that may be associated with the proposed Specific Use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. 9. ,such additional terms and conditions including design standards as the Planning and Zoning Commission and the Town Council deem necessary to preserve the value and character of the affected property and neighboring properties. E. PUBLIC HEARING: A public hearing shall be conducted for all applications for Specific Use Permit and notice thereof shall be given in the manner and form required for amendments as set out in Section 53 entitled "Amendments", Section 43.1, entitled "Oil and Gas Well Drilling & Production Within the Corporate Limits of the Town of Trophy Club" and as required by State Law. F. CONSIDERATION OF SPECIFIC USE PERMIT APPLICATION: In considering an application for a Specific Use Permit, the Planning & Zoning Commission and the Town Council shall take into consideration the following factors: Whether the proposed Site Plan will adequately provide for safety from fire hazards and have effective measures of fire control. 2. Whether the proposed Site Plan provides adequate drainage. Whether the proposed Specific Use will have noise producing elements that are not sufficiently controlled. 4. Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses. S. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site. 6. Whether such signs will have an adverse effect on adjacent properties. 7. Whether the proposed Specific Use will adversely affect the public at the site and the area immediately surrounding the Specific Use. 4of8 S. Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare. 9. Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed Specific Use will so dominate the immediate neighborhood, consideration shall be given to: a. The location, nature and height of buildings, structures, walls and fences on the site, and b. The nature and extent of landscaping and screening on the site. 10. Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards. 11. Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public. 12. Whether off-street parking and loading areas will be provided in accordance with the standards set out in Section 47, Off -Street Parking Requirements, and Section 48, Off Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect. 13. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 14. Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. 15. Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. G. CONDITIONS AND RESTRICTIONS: In considering a Specific Use Permit application, The Planning & Zoning Commission may recommend, and the Town Council may impose, such conditions, safeguards and restrictions upon the premises benefited by the Specific Use as may be necessary to avoid, minimize, or mitigate any 5 of 9 potentially injurious effect of such Specific Use upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Specific Use permit. H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS: Whenever any Specific Use Permit authorized pursuant to this Section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Planning & Zoning Coordinator so stating. L EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE: The issuance of a permit for a Specific Use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and Ordinances of the Town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. PERIOD OF VALIDITY: Specific Use Permits are conditional zone changes granted by amendment to the Comprehensive Zoning Ordinance. In the event that the use granted by the Specific Use Permit lapses for a period of six (6) months or more, the permit shall become void. The applicant may choose to reinitiate the Specific Use Permit approval procedure, including all fees required in the process. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances affecting Specific Use Permits 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; 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 consistent 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 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. 6of8 SECTION G. 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, in an amount not to exceed the sum of 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 7. 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. SECTION S. 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 9. 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 and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 10. 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 Town Council of the Town of Trophy Club, Texas, this 4`t' day of August, 2003. 7of8 Effective Date: ATTEST: August 13, 2003 Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: 'VUUw Town Attorney Town of Trophy Club, Texas 8of8 [SEAL]