ORD 2009-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-20 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF
THE TOWN, ENTITLED "ZONING", ARTICLE V, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 5.03
ENTITLED "ACCESSORY STRUCTURES AND USES",
SUBSECTION A.1.e.ii RELATIVE TO HEIGHT REQUIREMENTS;
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; 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
SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is a home rule municipality organized under the
Constitution and the laws of the State of Texas; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning & Zoning Commission, and the information and
other materials received at public hearing, 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, as allowed in the Town's Ordinance, accessory structures,
except for storage/utility structures, cannot exceed one story (20-ft. maximum) in
height; and
WHEREAS, having determined that changing the regulations of accessory
structures in accordance with the provisions set forth below allows improvements
to property that beautify, increase enjoyment and add value to property and is an
appropriate and beneficial governmental function, Council hereby determines
that the adoption of this Ordinance serves the health, safety and welfare of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
ORDINANCE NO. 2009-20 P&Z 1
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENTS
2.01 Article V, Entitled "Supplementary District Regulations" of Chapter 13,
entitled "Zoning", of the Code of Ordinances of the Town of Trophy Club, is
hereby amended, so that Section 5.03 entitled "Accessory Structures and Uses",
Subsection A.1.e.ii. is hereby amended to be and read in its entirety as follows:
e. Height Requirements/Screening Requirements:
II. 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.
SECTION 3.
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 of this
Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor
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 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly
saved to any and all violations of the provisions of any Ordinance affecting
accessory structures which have accrued 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.
ORDINANCE NO. 2009-20 P&Z 2
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance.shall be cumulative of all other Ordinances affecting
accessory structures and uses 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.
SECTION 6.
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 AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance as required by the Town Charter and state
law.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date
of passage, in accordance with law, and it is so ordained.
ORDINANCE NO. 2009-20 P&Z 3
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 24th day of August, 2009.
ATTEST:
Lis;{H nnek, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
.~ H ll-W)Qd aVlvoJ
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2009-20 P&Z
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
4