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ORD 2000-06 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE 2000-06 P & Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCES 94-09, 96-16, 97-10, AND 98-29P&Z, AND REPLACING THEM BY ADOPTING THE UPDATED COMPREHENSIVE ZONING ORDINANCE AS PREPARED AND SUBMITTED BY MUNICIPAL PLANNING RESOURCES GROUP, INC.; DECLARING THE 2000 PRINTING OF THE COMPREHENSIVE ZONING ORDINANCE TO BE THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; CORRECTING AND ADOPTING THE OFFICIAL ZONING MAP; PROVIDING FOR AMENDMENTS TO GENERAL DEFINITIONS, COMMERCIAL GENERAL DISTRICT, COMMERCIAL RECREATION DISTRICT REGULATIONS, PROFESSIONAL OFFICE DISTRICT, ACCESSORY STRUCTURES, REQUIRED YARDS, PROJECTIONS INTO REQUIRED YARDS, NONCONFORMING USES AND STRUCTURES, TREE PRESERVATION, LANDSCAPING REGULATIONS, ADMINISTRATION AND ENFORCEMENT, AND PUBLIC HEARINGS; DELETING THE VESTED RIGHTS PROVISION; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (all references hereafter to "Town" shall refer to the Town of Trophy Club, Texas), has adopted a Comprehensive Zoning Ordinance by adopting Ordinance No. 98-29, effective December 1, 1998; and WHEREAS, the Town Council amended Ordinance Nos. 94-09, 96-16, 97-10, and 98- 29P&Z; and WHEREAS, the Town Council deemed it necessary and in the best interest of the Town to update the Comprehensive Zoning Ordinance; and WHEREAS, Municipal Planning Resources Group, Inc. (hereinafter "MPRG"), was called upon by the Town Council to develop and print the updated version of the Comprehensive Zoning Ordinance; and WHEREAS, incorporated in the updated draft of the Comprehensive Zoning Ordinance were certain amendments thereto, as proposed by MPRG and reviewed by the Town Planner and the Town Attorney, where were deemed by the preparers thereof to be necessary and in the Town's best interest; and TOWN OF TROPHY CLUB, TEXAS ORDINANCE - Page l of S S:share/law_wp/municipal/trophy club/ordinances/final/CZO2000 3-21-OO.doc WHEREAS, the Planning and Zoning Commission and the Town Council of the Town of Trophy Club, Texas, have heretofore conducted substantial studies and a number of public hearings and work sessions, upon the giving of public notice, which included input from the Town's professional planner and owners and developers of land within the Town regarding the proposed updated Comprehensive Zoning Ordinance; and WHEREAS, the Town Council does hereby find and conclude based upon the information and data presented in the studies and at the public hearings and work sessions that adoption of the Comprehensive Zoning Ordinance is in the public's best interest and in support of the health, safety, morals, and general welfare of the Town; and WHEREAS, it is the intent of the Town Council to repeal Ordinance Nos. 94-09, 96-16, 97-10, and 98-29P&Z by and through the adoption of this Ordinance; and WHEREAS, it is necessary and in the best interests of the Town to update the official town map by adopting a new official town map which reflects all amendments and changes to the map which have taken place since the creation of the previous town map. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION I. INCORPORATION OF RECITALS The above and foregoing recitals are found to be true and correct and are incorporated into the body of this Ordinance for all purposes. SECTION II. ADOPTION OF OFFICIAL COMPREHENSIVE ZONING ORDINANCE The updated Comprehensive Zoning Ordinance, a true and correct copy of which is attached hereto and incorporated herein and labeled Exhibit A is hereby adopted by the Town Council as the Comprehensive Zoning Ordinance (2000 Printing) of the Town of Trophy Club, Texas. SECTION III. OFFICIAL ZONING MAP That the official zoning map of the Town, a true and correct copy of which is attached hereto, labeled Exlribit B and incorporated herein, is hereby corrected and adopted to reflect the zoning district classifications as approved by the Town Council. TOWN OF TROPIiY CLUB, TEXAS ORDINANCE - Page 2 of 5 S:share/law wp/municipal/tropiiy club/0Tdinanceslfinal/CZ02000 3-21-OO.doc SECTION IV. AMENDMENTS That the following amendments by MPRG have been incorporated into the updated Comprehensive Zoning Ordinance: Article 2, Section 10 — General Definitions: Amend definitions of "Half Story" and "Height," and added "Decorative Street Pavement." 2. Article 4, Section 28 — Commercial General District: Updated text. Article 4, Section 29 — Commercial Recreation District Regulations: Updated text. 4. Article 4, Section 30 -- Professional Office District: Updated text. Article 5, Section 35 — Accessory Structures: Amended A.1 Permitted Accessory Structures; C. Prohibited Uses; D. Permit Requirements and updated text. 6. Article 5, Section 37 -- Required Yards: Amended C. Reduced by Platting. 7. Article 5, Section 38 — Projections Into Required Yards: Amended E. Any Fence, Wall Hedge, Shrubbery, etc.; Added new item F. 8, Article 5, Section 40 — Nonconforming Uses and Structures: Updated text. 9. Article 7, Section 46 — Tree Preservation: Amended D. Applications 10. Article 7, Section 47 --- Landscaping Regulations: Amended D. 8 Railroad Ties. 11. Article 8, Section 51— Administration and Enforcement: Amended A; Deleted B.3. Receive applications for variances pursuant to Section 55, Board of Adjustment, and for vested rights determinations pursuant to Section 57, Determination of Vested Rights; and changed numbering. 12. Article 8, Section 56 — Public Hearings: Amended A; Deleted D. Public Hearing Requirements for Vested Rights Determination. SECTION V. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense. TOWN OF TROPHY CLUB, TEXAS ORDINANCE - Page 3 of 5 5:share/law wp/municipal/trophy club/ordinances/final/CZ02000 3-2 E-00.doc SECTION VI. REPEALER CLAUSE This Ordinance repeals Ordinance Nos. 94-09, 96-16, 97-10, and 98-29P&Z and replaces them with this Ordinance adopting the 2000 Comprehensive Zoning Ordinance, provided, however that any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to the repealed Ordinances shall continue to be governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 94-07, 96-16, 97-1- and 98-29P&Z shall be deemed to remain and continue in full force and effect. It is further the intent hereof that if any section or provision of this Ordinance or the application of that section or provision to any person, firm, corporation, situation, or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this Ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, nor shall adjudication affect any other section or provision of the Comprehensive Zoning Ordinance of the Town of Trophy Club, Texas, and the Town Council declares that it would have adopted the valid portions and applications of the Ordinance without the invalid parts and to this end the provisions of this Ordinance shall remain in full force and effect. SECTION VII. SAVINGS All rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any other ordinances affecting Zoning for the Town. SECTION VII. SEVERABILITY That all ordinances of the Town of Trophy Club in conflict with the provisions of this Ordinance be and the same are hereby repealed to the extent of that conflict. SECTION VIII. 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 and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION IX. 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 and Effective Date Clause in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. TOWN OF TROPHY CLUB, TEXAS ORDINANCE - Page 4 of 5 S:sliare/latv_wp/municipal/trophy club/ordinances/final/CZ02000 3-21-00.doc PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 21st day of March, 2000. '�:�Dk IMayor, Town of Trophy CIA, Texas ATTEST: zz�rx' F Tow-- 'Secretary, L Town of Trot;hy Club, Texas rscal] APP ROVED AS TO FORM: 7 Towel Att ley Town of Trophy Club, Texas TOWN OF TROPHY CLUB, TEXAS ORDINANCE - Page 5 of 5 S:share/law_wplmunicipal/trophy clublordinances/sinal/CZO2000 3-21-OO.doc