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ORD 1994-09Ordinance 94--09 Ordinance 2000-06 ORDINANCE NO. 94-09 1 1 � W ORDINANCE NO. 98-29 P&Z TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 7 _ 10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY INCREASING FROM 20 FEET TO 28 FEET THE MAXDIUM HEIGHT RESTRICTION FOR BUILDINGS OR STRUCTURES ADJOINING A RESIDENTIAL DISTRICT IN THE NS NEIGHBORHOOD SERVICE, CG COMMERCIAL GENERAL, AND PO PROFESSIONAL OFFICE ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 a Comprehensive Zoning Ordinance for the Town, the same being Ordinance No. 94-09 (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 Town has recommended to the Town 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 Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town 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. Amendments to Comprehensive Zoning Ordinance. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, -1- DOC #: 478322 is hereby amended in the following particulars, and all other chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Section 27 (NS Neighborhood Service District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height." B. Section 28 (CG Commercial General District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. " C. Section 30 (Professional Office District) is amended by amending paragraph E relating to height regulations to read as follows: "E. Height Regulations: Except as provided by Section 36, Height Limits, no building or structure shall exceed 35 feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height. " Section 3. Purpose. The amendment to the Comprehensive Zoning Ordinance 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 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 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. DOC #: 478322 _2 Section 6. 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 15th day of ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: own tt rney, Town o rophy Club, Texas _3_ DOC #: 478322 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 4 - 0 9 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS COMBINING INTO ONE ORDINANCE, WITHOUT SUBSTANTIVE CHANGE, ORDINANCE NO. 91-01 OF THE TOWN AND ALL AMENDMENTS THERETO (BEING ORDINANCE NOS. 91-01A, 91-01B, 91-01C) 91-01D, 91- 01E, 91-01F, 91-01G AND 91-01H), THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE; AS PROVIDED IN ORDINANCE NO. 91-01, FINDING THAT THE ADOPTION OF THE COMPREHENSIVE ZONING ORDINANCE IS TO: ESTABLISH ZONING DISTRICTS; REGULATE THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES; SET THE PERCENTAGES OF A TRACT THAT MAY BE OCCUPIED, AND FOR WHAT PURPOSES; ESTABLISH THE MINIMUM SETBACKS AND OTHER OPEN SPACES, AND THE DENSITY OF POPULATION; REGULATE THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR RESIDENCE, BUSINESS, TRADE, COMMERCE, INDUSTRY OR OTHER PURPOSES; REGULATE THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS; PROVIDE FOR OTHER REQUIREMENTS, CONDITIONS, LIMITATIONS AND OTHER CRITERIA FOR THE USE AND DEVELOPMENT OF PROPERTY; PROVIDING FOR TEMPORARY USES OF PROPERTY, PERFORMANCE STANDARDS, OFF-STREET PARKING REQUIREMENTS, OFF-STREET LOADING REQUIREMENTS, PARKING AND LOADING AREA DEVELOPMENT STANDARDS AND PARKING LOT STANDARDS, ACCESSORY AND PRINCIPAL BUILDING STANDARDS AND REQUIREMENTS, CORNER LOT STANDARDS AND REQUIREMENTS, HEIGHT LIMITATIONS, REQUIRED YARD AND SETBACK AREAS AND PROJECTIONS INTO REQUIRED YARDS; PROVIDING FOR DEDICATION OF PUBLIC PARKS, PUBLIC STREETS; PUBLIC DRAINAGE AND UTILITY EASEMENTS TO ADEQUATELY SERVE THE PROPERTY AT NO COST TO THE TOWN OF TROPHY CLUB; PROVIDING FOR SCREENING, LANDSCAPING, BUFFERING WALLS AND FENCES; PROVIDING FOR A CERTIFICATE OF OCCUPANCY COMPLIANCE, AND NON -CONFORMING USES AND COMPLETION OF EXISTING BUILDINGS; REQUIRING SITE PLAN DISTRICT ZONING WHERE THE STORAGE, POSSESSION, SALE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES ARE PERMITTED BY THE LAW OF THE STATE OF TEXAS, AND PROVIDING FOR STANDARDS AND SPECIAL REGULATIONS WITHIN SUCH DISTRICT; PROVIDING A PROCEDURE FOR CHANGING EXISTING ZONING TO DISTRICT USES, CLASSIFICATION AND REGULATION UNDER THIS ORDINANCE; PROVIDING FOR ZONING MAPS AND USE DESIGNATION AND CHANGES; PROVIDING THAT USES NOW PROHIBITED BY OTHER ORDINANCES SHALL NOT BE PERMITTED; PROVIDING FOR APPLICATIONS FOR ZONING CHANGES, FEES, PROCEDURES AND -1- NOTICES; PROVIDING FOR A ZONING BOARD OF ADJUSTMENT AND DUTIES OF SUCH BOARD; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR CHANGES AND AMENDMENTS OF THE ORDINANCE, ZONING DISTRICTS, ZONING USE DESIGNATIONS AND CLASSIFICATIONS AND PROCEDURES; PROVIDING THAT ALL NEW APPLICATIONS FOR ZONING CHANGES SHALL BE GRANTED UNDER THIS ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NO MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR A VIOLATION OF THIS ORDINANCE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING THAT EXCEPTIONS NEED NOT BE NEGATED IN COMPLAINTS; REPEALING ORDINANCE NOS. 91-01, 91-01A, 91-01B, 91-0IC, 91-01D, 91-01E, 91-01F, 91-01G AND 91-01H; 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, on January 15, 1991 adopted a Comprehensive Zoning Ordinance for the Town, the same being Ordinance No. 91-01 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, the Town Council is, pursuant to Chapter 211, Tex. Loc. Gov. Code (Vernon), as amended, authorized and empowered to amend the Comprehensive Zoning Ordinance; and WHEREAS, the Comprehensive Zoning Ordinance has, since its adoption, been amended by the following ordinances: Ordinance No. 91-01A, adopted June 16, 1992 Ordinance No. 91-01B, adopted August 6, 1992 Ordinance No. 91-01C, adopted October 15,1992 Ordinance No. 91-01D, adopted February 16, 1993 Ordinance No. 91-01E, adopted February 16, 1993 Ordinance No. 91-01F, adopted July 20, 1993 Ordinance No. 91-01G, adopted August 3, 1993 Ordinance No. 91-01H, adopted July 7, 1994 (together, the "Amending Ordinances"); and WHEREAS, it is the intent of the Town Council, in order to make the Comprehensive Zoning Ordinance more accessible and easier to utilize, to combine without substantive change Ordinance No. 91-01 and the Amending Ordinances, thereby making the Comprehensive Zoning Ordinance into a single ordinance; and WHEREAS, the Town Council, in adopting the Comprehensive Zoning Ordinance, the Amending Ordinances and this Ordinance, took into consideration the character of each district IPA and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance promotes the health and general welfare of the citizens of the Town; and WHEREAS, the Comprehensive Zoning Ordinance and Amending Ordinances were adopted after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public 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, after due deliberations and consideration of the recommendation of the Planning and 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. 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 in their entirety. Section 2. Combining of Comprehensive Zoning Ordinance and All Amending Ordinances. For the purpose of making the Comprehensive Zoning Ordinance, as amended, more accessible and understandable, the Comprehensive Zoning Ordinance, being Ordinance No. 91-01, and all amendments thereto, being Ordinance Nos. 91-0IA, 91-01B, 91-01C, 91-011), 91-01E, 91-01F, 91-01G and 91-01H, are hereby combined and merged into this Ordinance as set forth in Exhibit "A" (which Exhibit includes Sections 1 through 59 of Ordinance No. 91-01 as amended by the Amending Ordinances) attached hereto and incorporated herein for all purposes. It is the intent of the Town Council that in effecting the combination of the said Zoning Ordinances there shall be no substantive change. From and after the effective date of this Ordinance, this Ordinance shall be known as the Comprehensive Zoning Ordinance of the Town of Trophy Club, Texas. Section 3. Savings: Re ealer. This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance Nos. 91-01, 91-0IA, 91-01B, 91-01C, 91- 01D, 91-01E, 91-01F, 91-01G and 91-OIH are hereby repealed in their entirety, such repeal to take effect as of the effective date of this Ordinance, but 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 said repealed Ordinances shall continue to be governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 91-01, 91- 01A, 91-01B, 91-01C, 91-01D, 91-01E, 91-01F, 91-01G and 91-01H shall be deemed to remain and continue in full force and effect. It is further the intent hereof that, in the event the adoption of this Ordinance shall be found by a court of competent jurisdiction to be unlawful or M11 invalid for any reason, the said repealed ordinances shall not be repealed but shall thereafter continue in full force and be valid in their entirety. Section 4. 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, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. 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 6. Effective Date. This Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the 7 t h day of July , 1994. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town torney, Town of Trophy Club, Texas -4- • .1/_6,'.11 I_ !_ [TEXT OF THE COMPREHENSIVE ZONING ORDINANCE]