ORD 2005-16TOWN OF TROPHY CLUB
ORDINANCE NO. 2005 - 16 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2005-14 P&Z, THE SAME BEING AN
AMENDMENT TO TOWN ORDINANCE NO. 2000-06 P&Z, BY
AMENDING PARAGRAPH A(l)(d) OF ARTICLE 5, SECTION 35,
ENTITLED "ACCESSORY STRUCTURES"; AND REPEALING
ORDINANCE NO. 2002-42 IN ITS ENTIRETY AND AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING
ARTICLE 2, SECTION 10 OF ORDINANCE NO. 2000-06 ENTITLED
"GENERAL DEFINITIONS" TO PROVIDE DEFINITIONS RELATING
TO FENCING; AND BY REPEALING ARTICLE 7, SECTION 45, OF
ORDINANCE NO. 2000-06, ENTITLED "SCREENING & FENCING", IN
ITS ENTIRETY AND ADOPTING A NEW SECTION 45 OF ORDINANCE
NO. 2000-06 ENTITLED "FENCING, RETAINING WALLS &
SCREENING"; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING A PURPOSE; PROVIDING PERMIT
REQUIREMENTS FOR FENCES; PRESCRIBING CRITERIA FOR
LOCATION; PROVIDING CRITERIA REGULATING ACCEPTABLE
AND PROHIBITED MATERIALS; ESTABLISHING GENERAL
CONSTRUCTION REQUIREMENTS; PRESCRIBING CONSTRUCTION
REQUIREMENTS FOR PRE -CAST CONCRETE FENCES;
PRESCRIBING CRITERIA FOR ANIMAL RUNS, INCLUDING PERMIT
REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND
CONSTRUCTION; PRESCRIBING CRITERIA FOR RETAINING
WALLS, INCLUDING PERMIT, HEIGHT, LOCATION, MATERIALS,
MAINTENANCE AND SURVEY REQUIREMENTS; ESTABLISHING
INSPECTION GUIDELINES; PROVIDING REGULATIONS
GOVERNING SCREENING STANDARDS FOR FENCES, WALL AND
HEDGES; PROVIDING STANDARDS FOR NON -LIVING SCREENING;
PROVIDING FOR THE MAINTENANCE AND REPAIR OF NON-
LIVING MATERIALS; PROVIDING STANDARDS FOR LIVING
SCREENING; PROVIDING FOR THE MAINTENANCE OF LIVING
MATERIAL; PROVIDING CRITERIA FOR ADDITIONAL SCREENING,
FENCING AND LANDSCAPING; ESTABLISHING CRITERIA FOR
SPECIAL EXCEPTIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A CUMULATIVE REPEALER 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 A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS,
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, on March 21, 2000, the Town adopted Ordinance No. 2000-06 P&Z, the
same being the Comprehensive Zoning Ordinance (hereinafter referred to as "CZO") for the
Town; and
WHEREAS, on December 2, 3002, the Town adopted Ordinance No. 2003-43 P&Z, an
Ordinance establishing regulations governing the construction, regulation and permitting of
Fences and Retaining Walls; and
WHEREAS, both Ordinance Nos. 2000-06 P&Z and 2002-42 P&Z contained criteria for
fences, retaining walls and screening; and
WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily
accessed by the public, staff has determined it appropriate to amend Ordinance No. 3000-06
P&Z, and repeal Ordinance No. 2002-42 P&Z, in its entirety to include all criteria relating to
Fences, Retaining Walls and Screening in the CZO, under Section 45 of Article 7, entitled
"Fences, Retaining Walls and Screening"; 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 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.
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 5, Section 35 — Accessory Structures, (A)(1)(d) is amended as follows:
d. An accessory use shall not be located within any identified easement. In
addition, accessory structures permitted in these districts shall not exceed one
story in height, except for storage/utility structures which shall not exceed eight
feet (8') in height.
Article 2, Section 10 — General Definitions is amended as follows:
Animal Run: A structure or barrier for the purpose of containing a dog or other animal as
authorized in the Town's Animal Control Ordinance.
Architectural Grade Metal: A non -flat, non -reflective metal panel specifically designed for
the use as a fence.
Building Official: The Building Official for the Town of Trophy Club, Texas or his or her
designee.
Colored and Embossed Poured -in -Place Concrete: A site constructed concrete panel with a
raised design and colored to complement the surrounding structures. Design shall encompass
eighty (80) percent of the wall facing and shall be installed on both sides of the wall.
Concrete Masonry Unit with Facing: A manufactured concrete masonry unit with a facing that
is designed to resemble cut stone. Facing shall be installed on both sides of the unit.
Decorative Pre -Cast Embossed Concrete: A pre -cast concrete panel with a raised design.
Design shall encompass eighty (80) percent of the wall facing and shall be installed on both sides
of the wall. The use of corrugated tin shall not be allowed to constitute a design.
Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin
or decay as to render it a menace to public safety such that it promotes fires or houses rodents or
insects.
Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other
materials similar to the foregoing that may be applied to the surface of a building or structure.
Fence: Any wall or structure more than three feet (3') in height constructed or placed for the
purpose of enclosing, screening, restricting access, or decorating any real property, building or
structure.
Maintenance: All work necessary or appropriate to keep a building or structure in proper
condition and in compliance with this Ordinance or other applicable law, codes or regulations.
Masonry Materials: Materials that shall include stone, brick, faux stone or brick, and concrete
masonry units with decorative facing.
Opaque: A fence material that is impenetrable by light; neither transparent nor translucent.
Planning & Zoning Administrator/Coordinator: Shall mean the Planning & Zoning Manager
of the Town of Trophy Club Texas, or his or her designee.
Repair: The reconstruction or renewal of any part of an existing building or structure for the
purpose of maintenance
Retaining Wall: A wall designed to resist the lateral displacement of soil or other materials; said
materials being substantially equal in height to the height of the wall.
Screening: To conceal an object from public view by means of landscaping materials or an
opaque fence.
Vinyl Fence: A prefabricated fence made of PVC plastic that imitates a variety of fence
designs, including board, rail, picket, lattice, and wrought iron.
Wrought Iron: A manufactured metal fencing material designed to resemble hammered iron
Article 7, Section 45 — Screening & Fencing is amended as follows:
A. Purpose: In order to encourage the most appropriate use of land and to conserve and
protect the privacy and value of adjacent permitted uses, regulations are prescribed herein
for the location and type of various screening devices and retaining walls to be used when
required or allowed in the various zoning districts or in this Section in accordance with the
following standards. No fence shall be constructed in violation of any of the regulations
contained herein.
B. Fences:
1. Permit Requirement: It shall be unlawful for any person, corporation, partnership or
other legal entity to place, construct or have constructed any type of new fence
without having first secured a permit for the placement or construction of the same
from the Town's Permitting Department. Each permit shall be valid for a period of
ninety (90) days from the date of issuance, during which time the construction must
be completed and final inspection requested. This ninety (90) day time limitation
shall not apply to fence permits applied for by homebuilders at the same time they
apply for a residential building permit. Fence permits applied for in conjunction with
residential building permits shall be valid until the house has passed it's final
inspection by the Building Official or his designated representative.
a. Maintenance/Replacement: A permit shall be required for the maintenance of
at least thirty percent (30%) of a fence fronting or facing any right-of-way or
roadway. A permit shall not be required for the maintenance of a fence which
does not front or face any right-of-way or roadway. Additionally, fences shall
be maintained according to the requirements set forth in Section L -
Maintenaice & Repair of Non -Living Materials, of this Ordinance.
2. Height Requirements: The height of the fence shall be taken from the inside of the
fence on the property on which it is installed and shall be measured from the natural
grade of the ground to the top of the fence if there is no retaining wall. In the event
that a retaining wall is utilized, the fence shall be measured from the upper most
surface of the retaining wall.
a. Front, Side & Rear Yards: Eight feet (8') is the maximum height allowed for
front, side and rear yard fences, except as otherwise provided in Section C -
Location, (4)(a) and (5)(a), of this Ordinance.
C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance
for vehicular traffic.
1. Front Elevation: All fences shall be located a minimum of ten feet (10') behind the
front elevation of the primary structure.
2. Side Yard Adjacent to Side Street: Side yard fences shall be located within the side
yard building setback, and shall not extend beyond the building line of the side yard
adjacent to a side street.
3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet
(20') from an existing fence, except where the following conditions exist. A fence:
a. Surrounding a transformer;
b. Providing a barrier for pools and spas as required by applicable law;
c. That shares a common post with an existing fence;
4. Golf Course Lots:
a. All fences on lots facing or abutting a golf course shall be constructed of
ornamental metal and shall be a minimum of four feet (4') and a maximum of
six feet (6') in height
5. Public Park Lots:
a. All fences on lots facing or abutting a public park or other land designated for
public recreational purposes shall be constructed of ornamental metal and shall
be a minimum of four feet (4') and a maximum of six feet (6') in height.
6. Perimeter Fencing: Perimeter fencing along the official Town boundary line shall be
allowed according to the following requirements:
a. A decorative masonry wall shall be constructed on property lying along the
perimeter boundary of the Town in conjunction with development of that
property, unless otherwise provided in this ordinance.
b. The extent to which fencing or walls are constructed shall be determined by the
Planning and Zoning Commission upon consideration of a Site Plan submitted
as part of a zoning request and upon the submission of appropriate
documentation material.
c. The owner, subdivider or developer of a tract of land to which this Section
applies shall have the sole responsibility to build, erect or place a continuous
wall or fence at least eight feet (8') in height along the perimeter of the boundary
of the subdivision or the perimeter of the corporate boundary of the Town. Such
fence or wall shall be erected simultaneously with the commencement of
construction of any street improvements within the subdivision, at the
commencement of any other construction, or upon the development of any kind
upon such tract of land. This provision applied where a tract of land has been
platted or is owned under single ownership or under single control, and where
such tract of land touches any part of the perimeter or corporate limits of the
Town.
d. Construction material for the extension and design of perimeter fences shall be
subject to the approval of the Town Council, upon recommendation by the
Planning and Zoning Commission as part of a Site Plan submitted as part of a
zoning request and upon the submission of appropriate documentation.
i. Maintenance: Following the installation and final acceptance of a Town
boundary or subdivision perimeter fence installed by the owner, subdivider
or developer of a tract of land, the property owner shall have the sole
responsibility of maintaining such fence. Perimeter fences shall be
maintained according to the requirements set forth in Section L -
Maintenance & Repair of Non -Living Materials, of this Ordinance.
D. Materials:
1. Acceptable Materials:
a. Brick, stone, wrought iron or wood are allowed in accordance with the
requirements of the applicable zoning district.
b. Architectural -grade metal, decorative pre -cast embossed concrete, concrete
masonry unit with decorative facing, colored and embossed poured -in-place
concrete, a combination thereof, vinyl or similar materials shall be submitted for
consideration to the Planning & Zoning Coordinator or their designee prior to
fence permit approval.
i. Prior to the approval of items listed in D(1)(b) above, detailed plans
indicated the height, width, and design shall be submitted for review and
approval. Additional information shall be provided to substantiate
compliance if requested.
2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other
materials shall be prohibited.
E. General Construction Requirements: All requirements of the International
Residential Code, and all amendments thereto, adopted by the Town shall be applicable to
the construction of a fence and are hereby incorporated herein and made a part of this
Ordinance.
1. A fence shall not be constructed in a manner which alters the natural drainage or
existing planned drainage of the land or the surrounding land upon which it is
constructed.
2. In order to allow for entrance and exit of fire and police department personnel, each
fence must contain at least one (1) gate not less than three feet (3') wide.
3. Fences constructed, repaired or maintained on street rights-of-way and property lines
in all subdivisions shall have the finished side of the fence facing the street. Fences
on interior lot lines that are not facing street rights-of-way shall be constructed with
the finished side faced according to the discretion of the property owner constructing
the fence.
F. Construction Requirements for Pre -cast Concrete Fences: All Pre -cast concrete fences
shall be designed by a professional engineer licensed by the State of Texas.
G. Animal Runs: A permit is required for the construction of an outdoor animal run for the
containment of a dog or other animal authorized in the Town's Animal Control Ordinance.
Such outdoor animal run shall be for the sole purpose of containing an authorized animal.
1. Construction Requirements:
a. The animal run shall be fully contained within an opaque privacy fence;
b. The animal run shall be constructed only of:
i. Top -rail galvanized chain link fencing with a gauge of 111/2, 121/2 or 14
inches and posts, or
ii. Ornamental iron.
c. The animal run shall not:
i. Have metal or fiberglass roofing;
ii. Exceed eight feet (8') or the height of the perimeter fence;
iii. Shall not be visible from any public right-of-way.
d. Maintenance: Animal runs shall be maintained according to the requirements set
forth in Section L - Maintenance & Repair of Non -Living Materials, of this
Ordinance.
H. Retaining Walls: A retaining wall permit shall be required for any such wall four feet (4')
or higher, or for any such retaining wall height as required by the most recent adopted
version of the International Building Code, whichever is more restrictive.
1. Permit Requirements: Permit applications for retaining walls must be accompanied
by a site plan indicating the following:
a. The location of all existing and planned structures on the subject property and
the approximate locations of all structures on adjoining property within one
hundred feet (100'); and
b. Height of all structures; and
c. The location of all existing building lines, easements, watercourses, etc.; and
d. Additional information as required by the Building Official.
3. Height Requirement: For the purpose of this Ordinance, the height of a retaining wall
shall be determined by measuring the bottom of the footing to the top of the wall.
a. Any retaining wall exceeding four feet (4') in height must be a structurally
engineered wall. Only the seal of a professional engineer licensed by the State
of Texas will be accepted.
b. Retaining walls below four feet (4') in height, as measured by the requirements
of this Ordinance shall not require a permit, unless the retaining wall is located
within a drainage easement, floodplain, floodway or other watercourses. In such
case, the permit requirements of this Section H shall apply.
3. Location: Retaining walls located along public roadways must provide sufficient area
between the retaining wall and the roadway for landscaping to be provided between
the retaining wall and the roadway and must be in compliance with the Town's Sight -
Visibility requirements, located in the Appendix of the Zoning Ordinance.
4. Materials:
a. Acceptable Materials: Concrete, pavestone, stone, or brick materials shall be
allowed for the construction of retaining walls. Other materials similar to the
foregoing, including some types of man-made materials may be allowed if such
materials are suitable to maintain appearance, soundness, safety, and resistance
to decay or weather. Such materials shall be approved the Planning & Zoning
Coordinator or their designee prior to permit approval. All retaining walls
constructed of formed concrete, concrete block, cinder block or similar materials
shall have facing added to their exposed surface(s).
b. Prohibited Materials: The use of treated railroad type cross -tie material, wood of
shape and dimension resembling railroad cross -ties or landscape timbers is
prohibited for new construction and is also prohibited for replacement work if
more than thirty percent (30%) of an existing retaining wall must be replaced or
is being replaced.
5. Maintenance: Retaining Walls must be maintained in their original design, placement
and structural integrity.
6. Survey Required: Following the issuance of any permit by the Town for retaining
walls a minimum of four feet in height (4'), and prior to the inspection by the Town
of such retaining wall, the applicant shall submit to the Town a Forms Survey as
approved by the Building Official. Such survey shall be prepared by a registered and
licensed professional surveyor, and shall:
a. Locate all easements, including underground easements, roads, streets, alleys,
and other right-of-ways or watercourses, and building set -back lines and other
matters located on or affecting the property; and
b. Show all proposed and existing improvements (such as buildings, power lines,
fences, etc.), and
c. Show any portion of the property within any floodplain, floodway or other
watercourses.
I. Inspection: During construction and/or installation of a fence, retaining wall or outdoor
animal run for which a permit is required, the property owner shall contact the Permitting
Department to request all required inspections. Failure to request any required inspection
shall be a violation of this Ordinance. The Building Official shall "pass" the inspection if
the structure meets with the requirements of the Ordinance, or "fail" the inspection for
defects in construction, materials or procedure. The property owner shall remedy all
defects specified in the failure notice and call for a re -inspection, prior to the expiration of
the permit.
J. Screening Standards: Fences, walls and dense landscaped hedges or plantings are
permitted in any zoning district as a screening element; however, such screening elements
shall conform to the restrictions set forth herein. The following screening standards shall
be compiled with:
K. Non- Living Screening:
1. Non- living screening, as herein referred, shall mean any material constructed of
masonry, or of a concrete or metal frame, or wood base which supports a permanent
type material, the vertical surface of which is not more than thirty percent (30%)
open; or
2. A solid fence.
3. Where a non-residential use abuts a residential lot, use or district, the side and rear
property lines abutting said residential lot, use or district shall be solidly fenced to a
height of eight feet (8') with a wall of masonry construction, unless other material
has been approved by the Town Council upon recommendation of the Planning and
Zoning Commission, so as to obscure the view from the residential lot, use or district
to the non-residential use. The developer of the non-residential property shall erect
the fence or wall required by this Section. Where the district boundary dividing a
residential district from a non-residential district is along a street or alley, and an
automobile parking lot or parking area is located in the front yard of the non-
residential use, the said parking lot or parking area facing the residential lot, use or
district shall be suitably screened with a wall of masonry construction, unless other
material has been approved by the Town Council upon recommendation of the
Planning and Zoning Commission, to a height of not less than four feet (4').
4. In non-residential areas, garbage, refuse and trash collection/storage areas shall be
gated and fully screened from public view by a masonry fence or wall of at least
eight feet (8') in height.
5. Off-street loading areas shall be adequately screened from the public view of any
residential dwelling and from any other adjacent land use, as indicated in Section 50 -
Parking and Loading Area Developnzent Standards for Non -Residential Uses, itern
D.
6. In all districts exterior appliances and equipment shall be screened so as not to be
visible from any street. All utility and mechanical equipment shall be screened with
a masonry fence or wall, unless other material has been approved by the Planning &
Zoning Coordinator.
L. Maintenance and Repair of Non -Living Material: All required screening materials shall
be maintained and repaired in a neat and orderly manner at all times. Screening areas shall
be kept free of trash, litter, weeds, and other such materials or plants not a part of the
screening or landscaping. Fences, walls and animal runs must be maintained in their
original design and placement. The maintenance and repair of any fences, wall or animal
runs shall be constructed of the same materials as the existing fence, wall or animal run.
M. Living Screening:
1. Any dense evergreen hedge or plant material suitable for providing an opaque visual
barrier, for which such material shall be maintained in a healthy growing condition.
2. On lots abutting a golf course or public parks in residentially zoned area, dense
evergreen hedges or plant material screening along the golf course or park shall be
limited to a maximum height of six feet (6') and shall meet all other requirements of
this Ordinance.
3. No screening element shall be constructed, erected, placed, planted or maintained in
such position or location so as to be dangerous or detrimental to the health or safety
of persons, or in any way obstruct the view so as to constitute a traffic hazard to or on
any public or private street or driveway. Provided, however, that the natural existing
terrain which cannot be removed by reasonable landscaping techniques, including
retaining walls constructed below or at the same grade of said natural existing terrain,
shall be excluded from the objects otherwise prohibited.
4. Landscaped earth berms may, when appropriate in scale, be used as a screening
element in conjunction with a fence, wall, hedge or other dense planting material.
5. Fences, Walls, Hedges: Except as otherwise restricted by the provisions of this
Ordinance, fences, walls, and hedges may be permitted in any required rear or side
yard, or along the edge of any such yard as a screening, decorative or containment
element, and shall not exceed a maximum of eight feet (8') in height, and the
following requirements shall also apply be observed:
a. Nothing shall be erected placed, planted or maintained on a corner lot or
parkway adjacent thereto so as to interfere with the visual line of sight at an
elevation between two and one-half feet (2-1/2') and eight feet (8') above the
top of the adjacent street curb, or if there is no curb then from the average street
grade, within a triangular area formed by the intersection of the adjacent street
right-of-way lines and a line formed by connecting a point thirty-five feet (35')
from the street intersection on one street right-of-way line with a corresponding
point on he other street right-of-way line. Any object so erected, placed,
planted or maintained shall be a prima facie evidence that said object, or
combination of objects, is an obstruction constituting a traffic hazard.
b. On an interior lot in any district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as to impede vision or in any way create a
traffic hazard to motorists, whether the impediment includes entering or exiting
any public highway, street, alley or private street or highway, driveway from or
to adjacent private property.
c. Any object or combination of objects placed, planted or maintained in violation
of this Ordinance shall be removed upon written notice by certified mail from
the Town's Planning and Zoning Coordinator, or their representative, to the
owner, agent or occupant of the premises or property where such obstruction
has been erected, placed, planted or maintained.
d. Railroad cross -ties and landscape timber shall not be allowed as construction
material.
N. Maintenance of Living Material: All screening materials shall be maintained and
repaired in a neat and orderly manner at all times. This shall include, but not be limited to
pruning, fertilizing, watering, mowing, weeding, and other such activities common to the
maintenance of landscaping. Appropriate facilities for watering any plant material shall be
installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and
other such materials or plants not a part of the screening or landscaping. All plant material
shall be maintained in a healthy and growing condition as is appropriate for the season of
the year. All plant material which dies shall be replaced with plant material of similar
variety and size.
O. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission
may recommend and the Town Council may require screening, fencing and landscaping
requirements on any zoning case in addition to or in lieu of screening or fencing
requirements set out specifically in each use district when the nature and character of
surrounding or adjacent property dictates a need to require such devices in order to protect
such property and to further provide protection for the general health, welfare and morals of
the community in general.
P. Special Exception: The Zoning Board of Adjustment shall have the power to grant a
Special Exception waiving or modifying these regulations where the literal enforcement of
this Ordinance would result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to the public interest but would do substantial justice and
would be in accordance with the spirit of this Ordinance.
A public hearing is not required for Zoning Board of Adjustment consideration of a Special
Exception under this Section.
1. For the purpose of this Ordinance, the following are established as general
conditions, ALL of which are to be met upon the granting of any special exception.
a. No diminution in value of surrounding properties would be suffered; and
b. Granting the permit would be of benefit to the public interest or surrounding
properties; and
c. Denial of the permit would result in unnecessary hardship to the owner seeking
it; and,
d. A zoning restriction as applied to the owner's property interferes with the
reasonable use of the property, considering the unique setting of the property in
its environment; and
e. By granting the permit, substantial justice would be done; and
f. The use must not be contrary to the spirit of the Ordinance.
2. The burden of demonstrating that all general conditions have been met and that a
Special Exception is appropriate is upon the person requesting the Special
Exception. The Zoning Board of Adjustment may require a person requesting a
Special Exception to provide proof as the Board determines necessary and
appropriate for the Board to evaluate the application for Special Exception.
SECTION 3.
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 Fences, Retaining Walls and
Screening regulations 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 4.
CUMULATIVE REPEALER
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; provided, however, that Ordinance Nos. 2000-06 P&Z and 2004-42
P&Z are hereby repealed. 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 Ordinance Nos. 2000-06
P&Z and 2004-42 P&Z on the date of adoption of this Ordinance shall continue to be governed
by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force
and effect.
SECTION 5.
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 G.
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 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 & 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 ISoi day of July, 2005.
Z
Mayor
Town of Trophy Club, Texas
Effective Date:
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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Town Attorney
Town of Trophy Club, Texas