ORD 2017-18 P&Z Childrens Playhouse TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-18 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 14.02.052 ENTITLED "GENERAL DEFINITIONS"
OF DIVISION 2, ENTITLED "DEFINITIONS" OF ARTICLE 14.02
ENTITLED "ZONING ORDINANCE" OF CHAPTER 14 ENTITLED
"ZONING" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES TO REVISE THE DEFINITION OF "CHILDREN'S
PLAYHOUSE" TO INCLUDE TREE HOUSES; AMENDING
SUBSECTION (1)(A)(V)(C) OF SECTION 14.02.253 ENTITLED
"ACCESSORY STRUCTURES AND USES" OF DIVISION 5, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS" OF ARTICLE 14.02
ENTITLED "ZONING ORDINANCE" OF CHAPTER 14 ENTITLED,
"ZONING" TO RESTRICT THE HEIGHT OF PLAYHOUSES AND TREE
HOUSES; AND REPEAL SUBSECTION (3)(A) OF SECTION 14.02.253
ENTITLED "ACCESSORY STRUCTURES AND USES" OF DIVISION 5,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS" OF
ARTICLE 14.02 ENTITLED "ZONING ORDINANCE" OF CHAPTER 14
ENTITLED, "ZONING" TO REMOVE "TREE HOUSES" FROM THE
"PROHIBITED STRUCTURES" LIST; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PUBLICATION 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 AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, the Town Council of
the Town is empowered to adopt ordinances and rules that are for the good government
of the Town; and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission, and the information and other materials received at
public meetings, the Town Council has concluded that the amendments of this
Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public
health, safety, and general welfare; and
WHEREAS, having determined that changing the regulations of accessory
structures in accordance with the provisions set forth below allows for the increased
enjoyment and the added benefit to property as an appropriate and beneficial
governmental function, Council hereby determines that the adoption of this Ordinance
serves the health, safety, and welfare of the Town; and
WHEREAS, the Town Council hereby finds that amending Section 14.02.052
entitled "General Definitions" of Division 2, entitled "Definitions" of Article 14.02 entitled
"Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of
Ordinances to revise the definition of "Children's Playhouse" to include tree houses
serves the best interest of the health, safety, and welfare of the citizens of the Town;
and
WHEREAS, the Town Council hereby finds that amending Subsection
(1)(A)(v)(c) of Section 14.02.253 entitled "Accessory Structures and Uses" of Division 5,
entitled "Supplementary District Regulations" of Article 14.02 entitled "Zoning
Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of
Ordinances to restrict the height of playhouses and tree houses serves the best interest
of the health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council hereby finds that repealing Subsection (3)(A) of
Section 14.02.253 entitled "Accessory Structures and Uses" of Division 5, entitled
"Supplementary District Regulations" of Article 14.02 entitled "Zoning Ordinance" of
Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of Ordinances to remove
"tree houses" from the "Prohibited Structures" list serves the best interest of the health,
safety, and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That 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 14.02.052 entitled "General Definitions" of Division 2, entitled
"Definitions" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning"
of the Town of Trophy Club Code of Ordinances is hereby amended to revise the
definition of "Children's Playhouse" to read in its entirety as follows:
Chapter 14 Zoning
Article 14.02 Zoning Ordinance
Division 2. Definitions
Section 14.02.052 General Definitions
ORD 2017-18 P&Z Page 2 of 5
(a) The following words, when used in this ordinance, shall have the
meanings respectively ascribed to them in this section, unless such
definition would be inconsistent with the manifest intent of the planning
and zoning commission and the town council or where the context of
this ordinance clearly indicates otherwise:
Children's Playhouse. A noncommercial structure of less than one
hundred twenty (120) square feet that is supported by any
combination of the ground, one or more trees, or ground supports,
and used exclusively for recreational purposes for children. Said
structure shall in no way be used for habitation.
„
2.02 Subsection (1)(A)(v)(c) of Section 14.02.253 entitled "Accessory Structures and
Uses" of Division 5, entitled "Supplementary District Regulations" of Article 14.02
entitled "Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club
Code of Ordinances is hereby amended to restrict the height of playhouses and tree
houses and is read in its entirety as follows:
Chapter 14 Zoning
Article 14.02 Zoning Ordinance
Division 5. Supplementary District Regulations
Section 14.02.253 Accessory Structures and Uses
(v) Height requirements/screeninq requirements.
a. Hard top pool covers shall not exceed four feet (4') in height
above the outside perimeter of the pool.
b. Accessory structures permitted in these districts shall not
exceed one story in height, the maximum height of one story
not to exceed twenty feet (20'), except for storage/utility
structures which shall not exceed eight feet (8') in height.
c. Children's playhouses and tree houses shall not exceed
fifteen feet (15') in height at the highest point.
2.03 Subsection (3)(A) of Section 14.02.253 entitled "Accessory Structures and Uses"
of Division 5, entitled "Supplementary District Regulations" of Article 14.02 entitled
"Zoning Ordinance" of Chapter 14 entitled, "Zoning" of the Town of Trophy Club Code of
Ordinances is hereby repealed to allow for tree houses and is read in its entirety as
follows:
ORD 2017-18 P&Z Page 3 of 5
" Chapter 14 Zoning
Article 14.02 Zoning Ordinance
Division 5. Supplementary District Regulations
Section 14.02.253 Accessory Structures and Uses
(3) Prohibited structures. The following structures shall be prohibited:
(A) Metal, vinyl, or similar material structures unless otherwise provided
herein.
(B)Temporary structures on skids.
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting setting
Fee Schedules and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, 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 such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application 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 the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
ORD 2017-18 P&Z Page 4 of 5
SECTION 6.
PENALTY
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.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 8th day of August 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fimb s, Town Secretary
Town of Trophy Club, Texas ``A , ,.
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APPROVED T AS FORM:
J. David d Ill, Town Attorney
Town of Trophy Club, Texas
ORD 2017-18 P&Z Page 5 of 5