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ORD 2016-27 P&Z TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-27 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 14.02.251, "TEMPORARY USES", IN THE ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town of Trophy Club desires to amend Section 14.02.251, "Temporary Uses", in the zoning regulations of the Code of Ordinances to allow provisions for the regulation of portable classroom structures in addition to other minor amendments; and WHEREAS, notice of a public hearing before the Town Council was published in a newspaper of general circulation in Trophy Club at least 15 days before such hearing. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. THAT Section 14.02.251, "Temporary Uses", in the zoning regulations of the Code of Ordinances, is hereby amended to read as follows: (a) Permitted uses. The following uses, which are classified as temporary uses, may be permitted for a period of time by the town council, after recommendation by the planning and zoning commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. (1) Community garage sales, by special privilege, see subsection (e) of this section. (2) Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings 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. (3) Temporary sales of merchandise by nonprofit organizations. (4) Real estate sales offices (located in a permanent residential structure), but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years. (5) Off-street parking for model homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period of not greater than one year. However, such temporary use may be renewed annually. (6) Construction office 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 improvement or building, providing such temporary use is renewed annually. (7) Real estate offices (located 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. (8) Portable classroom buildings for a public school subject to the following conditions: A. Prior to consideration, the applicant shall provide the proposed color of the portable classroom building, which shall require the final approval of the town council upon the recommendation of the planning and zoning commission. Masonry shall not be a required exterior wall material; B. Portable classroom buildings shall have breezeway and overhead shelter connections to the main school building; C. Unless specified differently by the town council, a portable classroom shall not be placed on any school property any longer than one year from the date of approval by the town council; D. Portable classroom buildings shall be connected to the fire alarm system for the primary building as well as to the primary building's principal communication system; E. Prior to occupancy, a portable classroom building shall be inspected by the town. The town shall have the authority to inspect the building at any time as determined by the town manager or their designee; F. The portable classroom building shall be anchored in order to withstand a severe wind event; G. Portable classroom buildings shall adhere to the overall school campus security plan such that an active shooter would not have an additional advantage apart from the existing school security ORD 2016-27 P&Z Page 2 of 5 plan. The Police Chief to review and approve the plan prior to occupancy of the building; H. Any other conditions as determined by the town council at final approval. (9) Estate sales. An estate sale is a sale or auction to dispose of a substantial portion of the materials owned by a person. Estate sales shall not include garage sales and shall not contain any items for sale that are visible from the street. Only one estate sale shall be allowed per address in any one year period. An estate sale shall only require the approval of the planning and zoning administrator or their designee and shall only require the submission of a temporary use permit application and fee. (10) Any other temporary use not listed herein. Said unlisted use shall be considered by the town council upon the recommendation of the planning and zoning commission. (b) Temporary use permit. Including the application requirements contained in Section (e), a permit for the temporary use of any property for the above- listed uses shall be secured from the town planning and zoning administrator prior to such use, after approval by the town council and after payment of all applicable fees. Final council approval shall be in the form of a resolution. Said resolution may contain any conditions, or waivers to this section, imposed by the Council as a condition of approval in order to ensure that said use is allowed and conducted such that the community's health, safety and welfare is protected. (c) Time period. (1) Except where provided herein, the time period for any use allowed by this section shall be specified in the approving resolution and may not be extended without the approval of the Town Council. (2) Any extension of the temporary use permit shall be issued by the town council upon written request by the applicant. (d) Community garage sale by special privilege. Upon approval by the town council, after recommendation by the planning and zoning commission, a community garage sale shall be permitted by special privilege to civic organizations or nonprofit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said special privilege shall be a condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the town department of public safety. ORD 2016-27 P&Z Page 3 of 5 (e) Application requirements. An application for a temporary use permit shall be submitted a minimum of 30 days before the proposed use is to begin. At a minimum, the application shall contain the following: (1) A completed temporary use permit application to include the written authorization of the property owner if the property owner is not the applicant; (2) Payment of a temporary use permit fee; (3) A detailed written description of the request including the proposed time period for the temporary use; (4) A site plan, drawn to scale, of the proposed location of the temporary use including any site conditions such as parking, landscaping, screening, setbacks, etc.; (5) Pictures and/or architectural building elevations of any proposed buildings and structures; (6) Architectural and/or engineered specifications of any proposed buildings and structures where applicable." SECTION 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the zoning regulations of the Code of Ordinances, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 4. THAT this ordinance shall take effect immediately from and after its passage. SECTION 5. THAT all other provisions of the zoning regulations and the Code of Ordinances shall remain in full force and effect, except as amended herein. ORD 2016-27 P&Z Page 4 of 5 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 9th day of August 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: T AQpy Holly Fi s, Town Secretary Town of Trophy Club, Texas 11. Pk\ *) ���'� APPROVED TO AS FORM: 0„/ David Dodd, Town A ttorney Town of Trophy Club, Texas ORD 2016-27 P&Z Page 5 of 5