ORD 2001-08TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001- 08 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 REPEALING THE FOLLOWING
SECTIONS: SECTION 42 OF ARTICLE 5, TRANSMITTING AND RECEIVING
ANTENNAS AND ANTENNA FACILITIES, IS HEREBY REPEALED IN ITS
ENTIRETYAND A NEW SECTION 42, ENTITLED WIRELESS ANTENNAS AND
ANTENNA FACILITIES, IS HEREBY ADOPTED; PROVIDING A PURPOSE;
PROVIDING DEFINITIONS HEREIN; PROVIDING FOR
APPLICABILITY/GENERAL REGULATIONS; ESTABLISHING PROVISIONS
RELATIVE TO AMATEUR RADIO AND TV ANTENNAS, ESTABLISHING
PROVISIONS RELATIVE TO SATELLITE RECEIVE -ONLY ANTENNAS
GENERALLY; ESTABLISHING PROVISIONS FOR SATELLITE RECEIVE -ONLY
ANTENNAS GREATER THAN ONE METER IN DIAMETER; PROVIDING FOR
THE PLACEMENT OF ANTENNA FACILITIES; PROVIDING ANTENNA FACILITY
IMPACT LEVELS; PROVIDING AN ANTENNA FACILITY SITING MATRIX;
PROVIDING FOR CONDITIONAL USE PERMITS; REQUIRING A WRITTEN
REPORT; AND ESTABLISHING PROVISIONS FOR APPEAL; AND ARTICLE 6,
CONDITIONAL USE PERMIT, SECTION 44, SUBSECTION "J", ENTITLED
PERIOD OF VALIDITY, IS HEREBY REPEALED AND NEW PROVISIONS ARE
ADOPTED FOR THE PERIOD OF VALIDITY FOR A CONDITIONAL USE
PERMIT; 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 desires to provide opportunities to enable a broad range of
technology and services to be made available to its citizens and businesses and to have
supporting services to aid its citizens in the event of disasters and other emergencies; and
WHEREAS, the location of wireless towers and antenna facilities can create safety
and aesthetic issues for surrounding properties; and
WHEREAS, safety, aesthetic, land use, and other concerns create the need for
regulations to minimize the visual impact of wireless facilities; and
WHEREAS, it is the goal of the Town of Trophy Club to protect and promote the
public health, safety, and welfare of the community by regulating the siting of wireless
communications towers and antennas, and the Town recognizes that it is in the public
interest to permit these facilities consistent with the regulations hereinafter adopted by this
Ordinance; 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 the Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, the Town Council finds that such change to the Town's Comprehensive
Zoning Ordinance would not be detrimental to the public health, safety, or general welfare,
will promote the best and most orderly development of the Town, and is consistent with the
Town's Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION I.
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 11.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the public
hearing, 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
and is consistent with the Town's Comprehensive Land Use Plan.
SECTION Ill.
AMENDMENT
Ordinance No. 2000--00 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 42 of Article 5, Transmitting and Receiving Antennas and Antenna Facilities,
is hereby repealed and a new Section 42, entitled Wireless Antennas and Antenna
Facilities is adopted as follows:
SECTION 42 .WIRELESS ANTENNAS+:AND ANTENNA FACILITIES
A. Purpose: Wireless telecommunications facilities used in transmitting and receiving signal energy
are essential and promote the health, safety, and general welfare of the citizens of the Town. The
purpose of this section is to govern the placement of these facilities to:
1. Assure that their location and use do not compromise the aesthetic quality of the community;
2. Encourage operators of antenna facilities and antennas to locate them in areas where the
adverse impact on the community is minimal;
2. Encourage co -location on both new and existing antenna facilities;
3. Encourage operators of antenna facilities and antennas to configure them in a way that
minimizes the adverse visual impact through careful design, landscape screening, and
innovative stealth techniques;
4. Enhance the ability of antenna facilities and antennas to provide services to the community
effectively and efficiently; and
5. Promote the aesthetic quality of the Town as a significant aspect of the health, safety, and
general welfare of the community.
B. Definitions: In this section the following definitions apply:
Alternative Tower Structure: Clock towers, bell steeples, light poles and similar alternative -
design mounting structures that camouflage or conceal the presence of antennas or towers.
See also the definition of "stealth facility".
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur
station license from the Federal Communications Commission.
Antenna: A device used in communications, which transmits or receives radio signals, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless
telecommunications signals or other communication signals.
Antenna, Building Attached: Antenna attached to an existing structure in two general forms: (3 )
roof -mounted, in which antennas are placed on the roofs of buildings, or (2) building -mounted,
in which antennas are placed on the sides of buildings. These antennas can also be mounted
on structures such as water tanks, billboards, church steeples, electrical transmission towers,
etc.
Antenna Facility: Any structure, monopole, tower, or lattice tower used to support antennas.
Co -location: The act of locating wireless communications equipment for more than one use on a
single antenna facility.
Equipment Storage Building: An unmanned, single story equipment building used to house radio
transmitters and related equipment.
Monopole: A self-supporting antenna facility composed of a single spire used to support
communications equipment or other visible items.
Preexisting Towers and Preexisting Antennas. Any Tower or Antenna for which a building
permit or conditional use permit has been properly issued prior to the effective date of this
Ordinance, including permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
Satellite Receive -Only Antenna: An antenna that enables the receipt of television signals
transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive -only antenna, dish antenna, parabolic
antenna, or satellite earth station antenna.
Stealth Facility: "Stealth" is a generic term describing a method that would hide or conceal an
antenna, supporting electrical or mechanical equipment, or any other support structure that is
identical to, or closely compatible with, the color of the supporting structure so as to make the
antenna and related equipment as visually unobtrusive as possible to the surrounding
neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that
replicate or duplicate the construction of common structures such as flagpoles, Alternative
Tower Structures, and camouflaged wireless facilities that are constructed to blend into the
surrounding environment.
Tower: Any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas for telephone, radio and similar communication purposes. This
includes self-supporting lattice towers, light standards, guyed towers, monopole tower,
alternative tower facilities or any other vertical support. This also includes the structure and
any support thereto.
Tower, Lattice: A self-supporting tower having three or four support legs with cross -bracing and
the capacity to hold a number and a variety of antennas.
TV Antenna: An antenna that enables the receipt of television signals transmitted from broadcast
stations.
C. Applicability/General Regulations: The following regulations apply to all antenna facilities and
antennas located within any district:
1. Applicability. Except as specifically provided, all new Towers or Antennas in the Town of
Trophy Club shall be subject to the regulations contained in this Ordinance. Preexisting Towers
or Antennas shall not be required to meet the requirements of this Ordinance, other than those
contained in Sections 9 and 11 below.
2. Equipment and Storage Building: An equipment storage building associated with an antenna
facility or an antenna shall be screened and landscaped as described in other sections of this
ordinance, or be incorporated into the stealth treatment so that it is consistent and
complementary with the existing structures and uses on the premises. Masonry construction
meeting the definition of masonry as provided herein: Alternative material that achieves
compatible screening may be permitted upon approval by the Town Council and recommended
by the Planning and zoning Commission.
3. Driveway Surfaces: All driveways accessing any antenna facility site or equipment storage site
shall have an asphalt or concrete pavement.
4. Lights: No outdoor lighting shall be allowed on antennas located on residentially zoned
property except lights or lighting that is by required by the Federal Aviation Administration or the
Federal Communications Commission.
5. Antenna Facility Capacity: An antenna facility shall not have more than the number and size of
antennas attached to it than are allowed by the antenna facility manufacturer's designs and
specifications for maximum wind load requirements.
G. Monopoles: No guy wires are permitted with the use of monopoles.
7. Prohibited in Easements: Antenna facilities constructed solely for the purpose of supporting
antennas shall not be placed in an easement, unless authorized by the easement holder.
8. Construction Standards: A building permit must be obtained prior to the construction or
installation of a tower, antenna, or mast. An antenna facility must be installed according to the
manufacturer's recommendations or under the seal of a registered professional engineer of the
State of Texas. Additionally, all Antenna Facilities shall comply with applicable state and local
building codes_
9. Building Codes 1 Safety Standards. The exemption of an Antenna Facility from the requirement
to obtain a conditional use permit under this Ordinance shall not exempt the owner of such
Facility or his agents from compliance with permitting, Building Code or the requirements of
other applicable Ordinances. To ensure the structural integrity of Antenna Facilities, the owner
of an Antenna Facility shall ensure that it is maintained in compliance with standards contained
in applicable state or local building codes and applicable standards for towers that are
published by the Electronic Industries Association, as amended from time to time. If upon
inspection, the Town concludes that an Antenna Facility fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon written notice to the
owner of the Tower, the owner shall have thirty (30) days to bring such tower into compliance
with applicable standards. Failure to bring such tower into compliance shall constitute grounds
for the removal of the Antenna Facility at the owner's expense. This notice requirement shall
not preclude immediate action by the Building Official as allowed by law if public safety requires
such action.
10. Contained on Property: No part of an antenna facility, antennas, or other attachment may
extend beyond the property lines of the lot on which the antenna or antenna facility is located.
11. State or Federal Requirements. All Towers must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or federal government with
the authority to regulate Towers and Antennas. If such standards and regulations are changed,
and if the controlling state or federal agency mandates compliance, then the owners of the
Towers and Antennas governed by this Ordinance shall bring such Towers and Antennas into
compliance with such revised standards and regulations within six (6) months of the effective
date of such standards and regulations, unless a different compliance schedule is mandated by
the controlling state or federal agency.
12. Conditional Use Permit Requirement: A Conditional use permit shall be required for an antenna
or antenna facility which will not comply with any requirement of this section. See Section J.
Conditional use permits.
D, Amateur Radio and TV Antennas: Amateur radio and TV antennas are permitted as accessory
uses in the R-15, R-12, R-11, R-10, R-9, R8, R -FV, R -TT, T -OH, R -OHF, R -S, MH, or any
residentially zoned Planned development districts. Amateur radio and TV antennas must comply
with the following regulations:
1 Antenna Facility Type: The antenna facility may be either building attached, a monopole, tower,
or a lattice tower.
2 Number of Facilities per Lot: Only one antenna facility exceeding 35 feet in height is permitted
on each lot.
3 Height Limitations: An antenna facility, exclusive of the height of any antenna or mast, shall not
exceed 35 feet in height; except, that an antenna facility shall be permitted additional height at
the ratio of one added foot in height for each additional foot of setback beyond the minimum
setback required of an accessory building in the Zoning district Regulations to a maximum
height of 65 feet in a residential district. A conditional use permit is required for additional
height.
4 Height Limit for Building Mounted Antenna: An antenna shall not extend more than eight feet
above a building on which It Is mounted, regardless of the height of the structure.
5 Setbacks: Antennas and antenna facilities shall not be permitted within any required setback
area. Guy wires are not permitted in front or side areas from the face of the structure to the
street right -of way.
6 Lights: No outdoor lighting shall be allowed on antenna facilities located on residentially zoned
property, except lights or lighting that is required by the federal Aviation Administration or the
Federal Communications Commission.
E. Satellite Receive -Only Antennas Generally: A satellite receive only antenna is permitted as an
accessory use under the following conditions:
1 The satellite receive -only antenna is not greater than one meter in diameter: all zoning districts.
2 The satellite receive - only antenna is one meter or greater in diameter, but not greater than two
meters in diameter: all nonresidential zoning districts.
F. Satellite Receive -Only Antennas Greater Than One Meter in Diameter in Residential Districts and
Greater Than Two Meters in Diameter in Nonresidential Districts are permitted as accessory uses if
they comply with the following regulations.-
1
egulations:
1 Number of Antennas per Lot: Only one satellite receive -only antenna per lot of record.
2 Height: not exceeding ten feet in height.
3 Set backs:
a. front and side yards: Not permitted.
b. Rear yard: Minimum setback as required for accessory buildings in residential districts and
as for all buildings in nonresidential districts.
4 Separation: No minimum or maximum separation requirements for satellite receive -only
antennas from other structures on the same lot of record.
5 Screening: Satellite receive -only antennas that are mounted on the ground shall be screened
from view from adjoining properties by solid fencing or evergreen plants to a height of a least
six feet. A satellite receive -only antenna located within a fence surrounding the yard in which
the satellite receive -only antenna is located shall be considered to be screened.
G. Placement of Antenna Facilities (Other Than Amateur Radio, TV, and Satellite Receive- Only
Antennas) within Land Use Thresholds: For the purpose of determining the appropriate locations for
the placement of antenna facilities other than amateur radio, TV, and satellite receive -only
antennas, the Town is divided into land use threshold areas that require different regulations
pertaining to height, location, and type of antenna facility. These land use thresholds are defined as
follows:
1. Full Commercial "FC" - Property within the CG, CR,NS, PO, or non-residential Planned
Development zoning districts.
2. Undeveloped Residential "UR" - Property within R-15, R-12, R-11, R-10, R-9, R8, R -FV, R -TT,
T -OH, R -OHF, R -S, MH, or any residentially zoned Planned Development districts, that:
a. is not a part of a recorded subdivision; or
b, is a part of a recorded subdivision but has not had a building permit issued for a residential
structure; and
c. not located within the calculated limits of the Developed Residential ("DR") threshold.
3. Wireless Corridors "WC" - Property within, and 150 feet either side of, the right-of-way of a
freeway or a major or minor arterial roadway, as indicated on the Town's Thoroughfare Plan.
4. Developed Residential "DR" — Property within the R-15, R-12, R-11, R-10, R-9, R8, R -FV, R -
TT, T -OH, R -OHF, R -S, MH, or any residentially zoned Planned Development districts, which:
a. is a recorded subdivision that has had at least one building permit for a residential
structure; or
b. is within the exterior surfaces of an existing primary residential structure; or
c. is within 600 feet of areas described by paragraphs 4.a and 4.b above.
H. Antenna Facility Impact Levels: For the purpose of determining appropriate locations for antenna
facilities, the Town recognizes differing levels of impact for antenna facilities depending upon
physical location, aesthetics, and land uses compatibility. These antenna facility impact levels are
defined as follows:
1 Monopole - A monopole as permitted
with a conditional use permit. The
antenna equipment may not extend
more than 5 feet above the highest
point on the monopole.
2 Level 4 Stealth Facility - The antenna
on a Level 4 Stealth facility is located
on an existing structure (other than an
antenna facility) including, but not
limited to, a building, water tower,
utility tower, steeple, or light pole. The
antenna is not screened nor hidden.`'
For the purpose of this level, a pole or
tower may be reconstructed to structurally hold the antenna but shall not be any higher than the
original structure that it is replacing.
3
Level 3 Stealth Facility - The antenna on a Level 3 Stealth facility is located on an existing
structure (other than an antenna facility) including, but not limited to, a building, water tower,
utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or
applied with material so that it is incorporated into the pattern, style, and material of the
structure to effectively render the
antenna unnoticeable. A new structure
may be constructed to hold or house the
antenna or equipment; however, the
structure must be consistent with the
overall architectural features of the
primary buildings
4 Level 2 Stealth Facility - The antenna on
a Level 2 stealth facility is attached to
the structure in such a manner that if it is
seen it appears unrecognizable as an
antenna, and the structure in which or on
which the antenna is attached is an
integral part of an overall development.
5 Level t Stealth Facility - The antenna on
a Level 9 stealth facility is attached to
the structure in such a manner that the
antenna is completely unseen and the
structure in which or on which the
antenna is attached is an integral part of
an overall development.
L Antenna Facility Siting Matrix: Antenna facilities shall be located in accordance with the following
siting matrix. This matrix provides for areas where antenna facilities may be located as
permitted uses, areas where they may be located with a conditional use permit, and areas
where they are prohibited.
Antenna Facility Siting Matrix
Requires a Conditional
Permitted Use Prohibited
Use Permit IN
Monopole over
120 ft.
Monopole up to
120 ft.
Level 4 Stealth Facility
Level 3 Stealth Facility
Level 2 Stealth Facility
Level 1 Stealth Facility
FC UR WC DR
J. Conditional Use Permit: When a conditional use permit is required by this section for the location of
an antenna facility or an antenna, the property owner must submit an application in accordance with
the procedure established in this ordinance.
1 Application: In order to properly evaluate an application to locate an antenna facility or an
antenna that requires a conditional use permit, in addition to the information required from
applicants applying for conditional use permits under other provisions of the Town's Zoning
Ordinance, the applicant for a conditional use permit under this section shall provide the
following information:
a. Describe the nature of the antenna site. Indicate whether the proposed structure is a
monopole or mounted to a self-supporting structure. Indicate the proposed height.
b. Provide photos or drawings of all equipment, structures, and antennas. Additionally, an
applicant shall provide a scaled site plan clearly indicating the location, type and height of
the proposed Antenna Facility, on-site land uses and zoning, adjacent land uses and
zoning, proposed means of access, setbacks from property lines, elevation drawings of the
proposed Antenna Facility and any other structures, topography, parking, and other
information as reasonably determined by the Town to be necessary to assess compliance
with this Ordinance. All drawings shall be scaled drawings.
c. Describe why the antenna or tower is necessary at the particular location.
d. State the name(s) of the telecommunications providers or other users of the antenna or
tower and describe the use to be made by each user.
e. Indicate if this antenna or tower site is to be connected to other sites; and if so, describe
how it will be connected and who will be the back haul provider.
f. The Town does not require co -location; however, the applicant must address whether it has
made an effort to co -locate the facilities proposed for this antenna facility on existing
antenna facilities in the same general area. Identify the location of these existing sites, and
describe in detail these efforts and explain in detail why these existing sites were not
feasible. Attach all studies or tests performed which demonstrate why the existing sites will
not provide sufficient signal coverage. Provide written documentation from existing sites'
owners and/or operators which confirm the statements provided. Indicate whether the
existing sites allow/ promote co -location and, if not, describe why not.
g. Indicate whether co -location will be allowed to other telecommunications providers at the
requested site. If they are not allowed, state every reason and the basis of each reason.
h. If the requested location is in a residential district the applicant must address whether it has
made an effort to locate the facility in a nonresidential district. Identify the location of these
nonresidential district sites, describe in detail these efforts, and explain in detail why these
nonresidential sites were not feasible. Attach all studies or tests performed which
demonstrate why the nonresidential sites will not provide sufficient signal coverage.
Provide written documentation from nonresidential district sites' owners or operators which
confirm the statements provided.
i. Indicate the proposed provider's current coverage area for the Town. Attach maps showing
the areas the proposed provider's existing antenna currently covers, the areas the
applicant's existing sites and the requested site would cover.
j. Describe the applicant's master antenna facilities plan for the Town. Attach maps and other
related documentation. Provide information indicating each phase of the plan.
k. Describe the applicant's plan to minimize the number of antenna facilities needed to cover
the Town.
2. Consideration of application, In considering whether to grant a Conditional Use Permit, the
following shall be considered,
a. The effect that location of the Antenna Facility will have on the monetary value of the
surrounding property;
b. The potential for interference with the enjoyment of the use surrounding properties;
c. Aesthetics; Impact, including but not limited to, the surrounding topography, surrounding
tree coverage and foliage; proposed buffering; and the design of the Antenna Facility, with
particular reference to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
d. The proposed height of the antenna facility relative to surrounding structures;
e. The zoning district and the adjoining zoning districts of the property for which Conditional
Use Permit is sought;
f. The unique conditions that govern reasonable reception on the antenna facility on any
given lot; and
g. The availability of suitable alternative sites. Suitable alternative site(s) shall mean a
location or locations that would provide the same or better signal coverage than the
proposed site for which a conditional use permit is requested. The applicant shall provide
documentation supporting his contention that alternative site(s) are not suitable and/or
available.
3. Procedures for Consideration of Conditional Use Permit: The procedures for consideration of
an application for conditional use permit requested under this section of the ordinance shall be
the same as those procedures for request of a conditional use permit under Article 6, Section
44 of this ordinance.
K. Written Report: Denial of an application for conditional use permit under this section shall be
documented in accordance with the requirements established in the Telecommunications Act of 1996,
as amended.
L. Appeal: An applicant may appeal the decision of the Planning and Zoning Administrator to the
Planning & Zoning Commission by filing a written Notice of Appeal within ten (10) days following
the date the Administrator notifies the applicant of his decision. The Planning and Zoning
Commission may approve, conditionally approve, or deny an appeal. The applicant may appeal the
Planning and Zoning Commission's denial to the Town Council by filing a written Notice of Appeal
with the Town Secretary within ten (10) days following the denial by the Commission. A decision
not timely appealed in accordance with this section shall be final.
and;
Article 6, Conditional Use Permit, Section 44, Subsection "J" entitled Period of
Validity, is hereby repealed and new provisions are adopted as follows:
PERIOD OF VALIDITY
A conditional use permit shall expire one (1) year after the date of issuance if the
permit holder has failed to either:
1. obtain a building permit and begin the erection or alteration of the structure for
which the permit was issued; or
2. obtain an occupancy permit for the structure and commence a use.
Upon written application, the Town Council may grant one (1) additional extension
for a period not to exceed one (1) year. The written application shall contain a detailed
statement explaining all reasons that the requested extension has become necessary.
Town Council may grant such extension without requiring the applicant to comply with the
notice and hearing provisions of this ordinance. If any additional extensions are
requested, the notice and hearing provisions of this ordinance governing the issuance of a
conditional use permit shall be required.
SECTION V.
APPLICABLE REGULATIONS
In all respects the land uses allowed under this ordinance shall be subject to the
applicable regulations contained in the Comprehensive Zoning Ordinance and all other
applicable and pertinent ordinances and regulations of the Town.
SECTION Vl.
PURPOSE
The amendment to zoning herein made has been made in accordance with the
Comprehensive Plan of the Town for the purpose of promoting the health, safety and
welfare of the community, and with consideration of the reasonable suitability for the
particular use and with a view of conserving the value of the buildings and encouraging the
most appropriate use of land within the community.
SECTION VII.
SAVINGS
This Ordinance shall be cumulative of all other ordinances of the Town affecting the
regulation of land and zoning and shall not repeal any of the provisions of those ordinances
except in those instances where the provisions of those Ordinances are in direct conflict
with the provisions of this Ordinance.
SECTION VIII.
CUMULATIVE REPEALER CLAUSE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those provisions where there are direct
conflicts with the provisions of this Ordinance; provided however, that Ordinance No.
2000-06, Section 42 of Article 5, Transmitting and Receiving Antennas and Antenna
Facilities; and Article 6, Conditional Use Permit, Section 44, Subsection "J", entitled Period
of Validity are hereby repealed in their entirety. 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 on the date of adoption of this Ordinance
shall continue to be governed by the provisions of such Ordinance and forthat purpose the
Ordinance shall remain in full force and effect.
SECTION IX.
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 hereof shall be fined, upon
conviction, in an amount not 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 X.
SEVERABILITY
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 XI.
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 XII.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the caption, penalty, 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 XIII,
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 the 16th of April 2001.
�ko 11
Marshall Engel eck, Mayor
0D'NUAR0
CO
43
Town of Trophy Club, Texas
'ko
Z
ATTEST:
Dianeockrell, awn Secretary
Town of Troph Club, Texas
[SEAL]
APPROVED AS TO FORM:
/ q
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas