ORD 2014-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 13 "ZONING" OF THE CODE OF ORDINANCES
OF THE TOWN, THE SAME BEING THE TOWN'S COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING ARTICLE II, "DEFINITIONS",
SECTION 2.02, "GENERAL DEFINITIONS" TO ADD A DEFINITION
FOR "SNOW CONE ESTABLISHMENT", BY AMENDING ARTICLE III,
"ESTABLISHMENT OF DISTRICTS", SECTION 3.02
"CLASSIFICATION OF NEW AND UNLISTED PROPERTIES",
ADOPTING PERMITTED USES IN VARIOUS DISTRICT
CLASSIFICATIONS, BY SPECIFICALLY AMENDING SUBSECTION
"G", "RETAIL" TO INCLUDE A SNOW CONE ESTABLISHMENT AS A
PERMITTED USE IN SPECIFIED DISTRICT CLASSIFICATIONS WITH
THE GRANT OF A SPECIFIC USE PERMIT; AND BY AMENDING
ARTICLE VI, "CONDITIONAL AND SPECIFIC USES" TO ADD A SNOW
CONE ESTABLISHMENT TO SUBSECTION "B", "AUTHORIZED
SPECIFIC USES" OF SECTION 6.02 "SPECIFIC USE PERMIT" OF
ARTICLE VI; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY 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 FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, hereinafter referred to as "Town", is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, the Town's zoning ordinance does not currently designate a zoning
district for the location of a snow cone establishment, nor provide a definition for that
use; and
WHEREAS, the Town's Planning and Zoning Commission has reviewed a
proposed definition for Snow Cone Establishment and has made a determination
regarding the definition and appropriate locations for Snow Cone Establishments; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to amend the Comprehensive Zoning Ordinance came before the
Planning and Zoning Commission and Town Council; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
ORD 2014-20 Page 1 of 5
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 considered, among other things, the character of
the requested use and its appropriateness within the Town and has determined that
such use is appropriate in those zoning districts listed below and is consistent with the
Town's Comprehensive Land Use Plan in each of those districts; 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 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
WHEREAS, the Town Council has determined that there is a necessity to amend
the Town's Zoning Ordinance to provide for Snow Cone Establishments and to
appropriately regulate that land use as set forth herein and as otherwise regulated in the
Town's Zoning Ordinance and other ordinances regulating such use.
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
2.01 Section 2.02, "General Definitions" of Article II, "Definitions" of Chapter 13
"Zoning" of the Code of Ordinances of the Town is hereby amended by adopting the
following definition for "Snow Cone Establishment" to be arranged in alphabetical order
among the existing listing of definitions and renumbering the subsequent definitions
therein as appropriate. Section 2.02 "General Definitions" shall be amended to add the
following definition for "Snow Cone Establishment" which term when used in this
Ordinance, shall have the following meaning unless the context clearly indicates
otherwise:
"Snow Cone Establishment: A snow cone establishment is a seasonable
operation that prepares and sells chipped or shaved ice and flavored syrup
treats to the public for off-site consumption."
2.02 Section 3.02, "Classification Of New And Unlisted Properties" of Article III,
"Establishment of Districts" of Chapter 13 "Zoning" of the Code of Ordinances of the
Town is hereby amended to add "Snow Cone Establishment" as a permitted use under
ORD 2014-20 Page 2 of 5
Subsection "G", "Retail' of Section 3.02, which use shall be arranged in alphabetical
order and subsequently listed uses shall be renumbered therein as appropriate.
Subsection "G", "Retail', "Snow Cone Establishment" shall be added to the list of
Permitted Uses and shall be an allowed use in the District Classifications as specifically
set forth below with the remainder of subsection "G" unaltered except as specifically
provided below:
"Section 3.02- Classification of New and Unlisted Properties"
2.03 Subsection "B", "Authorized Specific Uses" of Section 6.02, "Specific Use Permit"
of Article VI "Conditional and Specific Uses" is hereby amended to add Subsection 13(3)
to include a Snow Cone Establishment as a use and structure only upon the issuance of
a Specific Uses Permit. Subsection 13(2) shall be and read in its entirety as follows:
"B. AUTHORIZED SPECIFIC USES: The following uses and structures may
be established or constructed only upon the issuance of a Specific Use Permit in
accordance with the provisions of this Ordinance.
3. Snow Cone Establishment"
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances regulating land use
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. All ordinances 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 Chapter 13 "Zoning",
Section 3.02 "Classification of New and Unlisted Properties" or any other such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by
the provisions of that Ordinance and for that purpose the Ordinance shall remain in full
force and effect.
ORD 2014-20 Page 3 of 5
District
Classifications
Permitted Uses
R-15
R-12
R-11
R-10
R-9
R -S
R -FV
R -TT
R -OH
OHP
R -S
MH I
CG I
CR
NS
PO
GU
G. RETAIL CONT'D
32 Sale of Mixed
Beverages in
Restaurants by Food
& Beverage
S.
S*
S*
S*
S*
S.
Certificate Holders
Only
S*
S*
S*
S*
S*
33 Snow Cone
Establishment
P
C
34 Sporting Goods Store
P
35 Wallpaper, Paint
Store
P
36 Wearing Apparel
Store
2.03 Subsection "B", "Authorized Specific Uses" of Section 6.02, "Specific Use Permit"
of Article VI "Conditional and Specific Uses" is hereby amended to add Subsection 13(3)
to include a Snow Cone Establishment as a use and structure only upon the issuance of
a Specific Uses Permit. Subsection 13(2) shall be and read in its entirety as follows:
"B. AUTHORIZED SPECIFIC USES: The following uses and structures may
be established or constructed only upon the issuance of a Specific Use Permit in
accordance with the provisions of this Ordinance.
3. Snow Cone Establishment"
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances regulating land use
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. All ordinances 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 Chapter 13 "Zoning",
Section 3.02 "Classification of New and Unlisted Properties" or any other such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by
the provisions of that Ordinance and for that purpose the Ordinance shall remain in full
force and effect.
ORD 2014-20 Page 3 of 5
SECTION 4.
SAVINGS
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 zoning use
clarifications 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.
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.
PENALTY
Any Person violating any of the provisions of this Ordinance shall be deemed
guilty of a Class C misdemeanor upon conviction and shall be fined, except as
otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for
each offense, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. Further, if the governing body of the Town
of Trophy Club determines that a violation of this Ordinance creates a threat to the
public safety, the Town may bring suit in the District Court to enjoin such violation as
allowed by law.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date 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 in accordance with state law and the Charter of the Town.
ORD 2014-20 Page 4 of 5
SECTION 9.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage
and publication, in accordance with Law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 1st day of August, 2014.
TR
y
r
C:
CD
ATTEST: 1 '
Tarhrhy Ar own Secretary
Town of Tr by Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ORD 2014-20 Page 5 of 5