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ORD 2005-07TOWN OF TROPHY CLUB ORDINANCE NO. 2005-07 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 3, SECTION 13, ENTITLED "USE TABLE", SUBSECTION "F" ENTITLED "BUSINESS" AND SEBSECTION "G" ENTITLED "RETAIL" TO INCLUDE TANNING SALONS; PROVIDING FOR INCORPORATION OF PREMISES; 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, a building permit application was filed with the Permitting Department of the Town of Trophy Club for a Tanning Salon use in a Non -Residential Zoning District; WHEREAS, upon review of the application, the Planning & Zoning Department determined the use was not defined in the Town's Comprehensive Zoning Ordinance; and WHEREAS, the current Comprehensive Zoning Ordinance for the Town does not provide for tanning salon establishments, the Town Council wishes to modify the Zoning Ordinance in order to provide for the regulation of such 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 & Zoning Commission and the 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 those public hearings and all other relevant information and materials, the Planning & 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 NOW, THEREFORE BE IT ORDIANED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB; Page 1 of 4 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. USE TABLE AMENDMENT Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Article 3, Section 13 — Use Table, subsection "F" entitled "Business" and subsection "G" entitled "Retail" is amended as follows: Classifications Tnmdng Salo" 1 5' 1 5, SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances 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. Ordinances or parts thereof in force at the time this Ordinance shall take effect and 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 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. SECTION4. 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. Page 2 of 4 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. SECTION6. 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 hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 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 by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town -of Trophy Club, Texas, this 18th day of April, 2005. ` Town of Trophy Club, Texas ATTEST: Page 3 of 4 1 Town Secretary Town of Trophy Club, Texas [SEAL] FEIN NJ MIGATA-0 -03290yel 190011, in Town Attorney Town of Trophy Club, Texas TRppy F- �C O r I Page 4 of 4 FRY i