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ORD 2003-25 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003-25 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 47, ENTITLED "LANDSCAPING REGULATIONS" OF ARTICLE 7, TO ADD SUBSECTION I, TO BE ENTITLED "RELIEF FROM LANDSCAPING REQUIREMENTS" AND PROVIDE PROVISIONS THEREOF; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, hereinafter referred to as the "CZO"); and WHEREAS, since the passage of Ordinance No. 2000-06 P&Z, the Town has discovered the need to add provisions providing for exemptions to landscaping requirements in such cases where individual circumstances, such as the presence of existing facilities and/or unusual topography, limit the applicant's ability to comply with the landscaping requirements of the CZO; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, having considered the recommendation of the Planning and Zoning Commission, the Town Council finds it necessary and beneficial to amend Ordinance No. 2000- 06 P&Z to enumerate additional standards to Section 47, entitled "Landscaping Regulations", of Article 7, by adding Subsection 1 entitled "Relief From Landscaping Requirements"; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 1 of 5 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. 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 health, safety and welfare. SECTION 3. 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, by adding Subsection "I", entitled "Relief From Landscaping Requirements" to Section 47 entitled "Landscaping Regulations" of Article 7, entitled "Development and Design Standards", and all other articles, chapters, sections, paragraphs, sentences, phrases and words, including but not limited to those specifically contained in Article 7 Section 47 are not amended but are hereby ratified and affirmed: Article 7, Section 47, is amended by adding section "I" as follows: I. Applicability - Relief From Landscaping Requirements: Relief from landscaping requirements may be considered in situations where the individual characteristics of or circumstances associated with a particular location limit the applicant's ability to comply with the landscaping requirements of this Ordinance, such as the presence of existing facilities and unusual topography. An applicant seeking such relief shall submit an application specifically identifying the justification for the requested relief and comply with the following procedure: 1. An Applicant shall submit an alternate landscape plan to the Planning & Zoning Administrator. In addition to complying with all requirements of Section 47 of the CZO regarding the contents of landscape plans, such alternate plan shall identify the specific provisions of Section 47 from which relief is sought and shall include a detailed written justification for the requested relief, specifically identifying reasons why he or she is unable to comply with existing landscape requirements. 2of5 2. Such landscape plan shall illustrate in detail the applicant's proposed alternate plan to landscape, including but not limited to identifying the amount, type and placement of plant materials, the proposed plan for irrigation, and a phasing schedule for completing the plan when applicable. 3. The landscape plan may be submitted either with a Site Plan or may be submitted separately. 4. Upon receipt of a completed application, the P&Z Administrator shall forward such application to the Planning and Zoning Commission for review and recommendation to the Town Council. 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 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 5. 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. 3 of 5 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. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy CIub 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 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 this 1" day of December, 2003. Effective Date: December 6, 2003 ATTEST: Town Secretary 4of5 the Town Club, Texas, Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas 5of5