ORD 2006-32TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-32
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB, TEXAS, BY REVISING CHAPTER 13,
"ZONING", ARTICLE IV, "DISTRICT REGULATIONS",
SECTION 4.16, "COMMERCIAL RECREATION DISTRICT
REGULATIONS", BY ADDING PARAGRAPH (M)(7)(a)(i)-(v)AND
(M)(7)(b); IN ORDER TO ADD PROVISIONS FOR THE
MODIFICATION OF MASONRY REQUIREMENTS FOR
STRUCTURES BUILT WITHIN THE CR ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; 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 PUBLICATION CLAUSE; 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 Chapter 9 of the Texas Local
Government Code; and
WHEREAS, a request has been submitted to the Town for the modification of
masonry requirements for structures constructed within the CR Zoning District; 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 and Zoning
Commission of the Town has recommended to the Town Council the approval of the
proposed amendments to the Zoning Chapter of the Code of Ordinances, as set forth in
this Ordinance; and
WHEREAS, after due deliberation and consideration by Town Council of the
Town of Trophy Club, Texas at properly posted public hearings, the Town Council now
deems it necessary to adopt this Ordinance amending the Code of Ordinances of the
Town and of the public health, safety and welfare;
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.
AMENDMENT
2.01 Article N entitled, "District Regulations" of Chapter 13, entitled
"Zoning" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby
amended to revise Section 4.16 (M)(7)(a)(i)-(vi) AND (M)(7)(b) to reads as follows:
M. Masonry Requirement:
I. All principal and accessory buildings and structures shall be of exterior fire resistant
construction having one hundred percent (100%) of the total exterior walls, excluding
doors, windows and porches, constructed of brick or stone including the area above the
first floor ceiling plate line.
2. Painted tilt wall and painted concrete block shall not be permitted as finished masonry
material.
3. Stucco shall be used only as an accent material subject to prior approval of P & Z.
4. All other chimneys surfaces shall also be of brick, stone, or stucco.
5. Other materials of equal characteristics may be allowed upon approval of the Planning
and Zoning Commission.
6. Masonry materials shall be of earth tones and shall be submitted to the Planning and
Zoning Commission for recommendation and to the Town Council for approval. For
the purpose of this section, earth tones shall be understood to consist of darker and
pastel shades of the color spectrum, which may generally be found in the natural
environment. These colors shall not generally consist of the vibrants or fluorescents of
the color spectrum.
7. The Town Council upon either negative or positive recommendation from the Planning
& Zoning Commission shall have the power to modify masonry 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 in accordance with the spirit of the Ordinance.
a. For the purpose of this Ordinance, the following are established as general
conditions, ALL of which shall be met upon granting any waiver or modification
to the masonry requirements as outlined in this Section.
(i) No diminution value of surrounding properties would be suffered; and
Granting the permit would be of benefit to the public interest and
surrounding properties; and
A zoning restriction as applied to the owner's property interferes with the
(iii) reasonable use of the property, considering the unique setting of the
property in its environment; and
(iv) By granting the permit, substantial justice would be done; and
(v) The use must not be contrary to the spirit of the Ordinance.
b. The burden of demonstrating all general conditions have been met and that a
modification is appropriate is upon the person requesting the modification. The
Town Council and Planning & Zoning Commission may require a person
requesting a modification to provide proof as each body determines necessary
and appropriate for the Planning & Zoning Commission and the Town Council to
evaluate the application for modification.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Masonry Criteria within the CR Zoning District 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 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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
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 and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town and by amending the Code of Ordinances to reflect
the changes adopted herein by Council.
SECTION 6.
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 the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law. and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 11°' day of September, 2006.
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Mayor
Town of Trophy Club, Texas
ATTEST:
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Town Secretary
Town of Trophy Club, Texas Op
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[SEAL]
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APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas