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ORD 1995-10TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 5 -10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY. (1) AMENDING SECTION 33 (TEMPORARY USES) BY ADDING CONSTRUCTION OFFICES AND REAL ESTATE OFFICES AS TEMPORARY USES, AND (2) REDUCING THE REAR YARD SETBACK REQUIREMENT IN THE R-10 SINGLE FAMILY RESIDENTIAL DISTRICT FROM 25 TO 20 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in accordance with a comprehensive plan, heretofore adopted Ordinance No. 94-09, the same being the Comprehensive Zoning Ordinance (the "Comprehensive Zoning Ordinance"); and WHEREAS, the Town Council is authorized, pursuant to Chapter 211, Tex. Loc. Gov. Code (Vernon), as amended, and Section 52 of the Comprehensive Zoning Ordinance to amend the Comprehensive Zoning Ordinance; and WHEREAS, after public notices were given in compliance with State law and the Comprehensive Zoning Ordinance and public hearings were conducted, and after considering the evidence and information submitted at the said public hearing and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth herein; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the evidence, information and other materials submitted and received at the public hearing and in connection therewith, the City Council has concluded that the adoption of this Ordinance is in the best interests of the City and of the public health, safety and welfare. 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 a part hereof for all purposes. Section 2. Amendment. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following 6e particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Section 17 (R-10 Single Family District) is hereby amended by amending paragraph F.6. so that it shall hereafter read as follows: "F. Area Regulations: The following minimum standards shall be required measured from property lines: 6. Depth of rear yard, feet**... (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town) 20 M feet minimum B. Section 33 (Temporary Uses) is hereby amended so that it shall hereafter read as follows: "SECTION 33 - TEMPORARY USES A. Permitted Uses: The following uses, which are classified as temporary uses, may be permitted by the Zoning Administrator in any district for a period not to exceed a period of thirty (30) days except for items 7, 11, 12, 13 and 14 below: 1. Carnivals. 2. Circus. 3. Fairgrounds. 4. Religious assemblies. 5. Sports events. 6. Political rallies. 7. Concrete mixing or batching plants used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. -2- 8. Armed forces displays. 9. Educational or informational displays. 10. Temporary sales of merchandise by non. -profit organizations. 11. Real estate offices ,(located in apermanent residential structurel, but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years. 12. Off street parking for Model Homes in residential districts, provided on one lot which complies with all set back requirements of the district in which it is located for a time period not greater than one year, however such temporary uses may be renewed annually. 13. Construction office used temporarily by contractors durinFz the construction of public improvements or building and, in such cases, the period- of time for which the use is granted may be fora period of time provided in the contract for completion of such improvement or building, providing such temporary_.use is renewed annually. 14. Real estate offices Gocated in trailer or manufactured housing), but only for a time period not to exceed six 6 months' however such uses may be renewed one 1 time." Section 3. 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 4. Savings. This Ordinance shall be cumulative of all other ordinances of the City 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 5. 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. -3- Section b. Effective date. This Ordinance shall become effective from and after its date of adoption as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 6th day of June , 1995. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town ttorney, Town of Trophy Club, Texas -4- -Mayor, Town of Trophy Club, Texas �l