ORD 2009-29TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-29 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF
THE TOWN, ENTITLED "BUILDINGS AND CONSTRUCTION",
ARTICLE XV, ENTITLED "SWIMMING POOLS", SECTION 15.04
ENTITLED "SWIMMING POOLS", SUBSECTION H.
"LOCATION;" AND 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.d "LOCATION;"
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 currently allowed in the Town's Ordinance, swimming
pools may be located within the rear yard; and
WHEREAS, "within the rear yard" limits the location of swimming pools on
private property; and
WHEREAS, after review by the Town staff, who are charged with
maintaining safety and beautification standards, Staff recommends that the
Town's Ordinance be amended to allow swimming pools in the side and rear
yard, not forward of the house, and at least six feet from any property line, and
shall not encroach upon any identified easement; and
Ordinance 2009-29 (File 10429) 1
WHEREAS, having determined that changing the regulations of
swimming pools in accordance with the provisions set forth below allows
improvements to property that beautify, increase enjoyment and add value to
property is an appropriate and beneficial govemmental 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:
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 Section 15.04, entitled "Swimming Pools", of Article XV, entitled
"Swimming Pools" of Chapter 3, entitled "Buildings and Construction" of
the Code of Ordinances of the Town of Trophy Club, is hereby amended
as follows:
H. Location
1. All swimming pools, to include but not limited to kiddie and
wading pools, shall be located within the side and/or rear yard
and shall not encroach upon any identified easement.
2. Pools located in a side yard must be a minimum of twenty
(20) feet behind the front elevation of the primary structure.
3. The waters edge of the swimming pool must be at least six
(6) feet from any property line.
4. If the waters edge of the swimming pool is located closer
than six (6) feet to the primary dwelling, an engineer's
letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity
of the primary dwelling, will be required at the time of plan
submittal.
2.02 Section 5.03, Entitled "Accessory Structures and Uses", of Article V,
Entitled "Supplementary District Regulations" of Chapter 13, Entitled
Ordinance 2009-29 (File 10429) 2
"Zoning" of the Code of Ordinances of the Town of Trophy Club, is hereby
amended as follows:
d. Location:
1. There shall be no accessory structures located in any front yard or side
yards, with the exception of a flag pole, as defined in item "vi" above.
2. Accessory structures erected ten (10) feet or closer to the principle
building shall be considered to be attached and part of the primary
structure for calculating total square feet under roof and shall comply
with the setback lines established for that zoning district.
3. If the total square feet under roof (including said accessory structures)
exceed 7,500 sq. ft., then the entire new accessory structure must be
protected with a sprinkler system.
4. In a case where more than one accessory structure is on the same lot,
each structure shall have a minimum ten (10) foot separation between
them.
1\ SIo\limmin§ pool is permitted to be located closer than ten (10) feet to the
principle building. If the waters ed§e of a s' .... immin§ pool, or any accessory
strUGture that is eXGavated for foundation footin§, is IOGated six (6) feet or
Gloser to the primary d'iliellin§, an en§ineer's letter, stamped by all
~Gable engineers, statin§ the eXGavatiGFl--Wili not in any way harm the
struetuml inte§rity of the primary dwelling, will be required at the time of
plan submittal.
5. Notwithstanding the foregoing, accessory structures are only allowed if
they comply with the zoning regulations in the district in which they are
located.
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 and swimming pools 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
Ordinance 2009-29 (File 10429) 3
such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
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.
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 and publication, in accordance with law, and it is so ordained.
Ordinance 2009-29 (File ID 429) 4
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 2nd day of November, 2009.
ATIEST:
APPROVED TO AS FORM:
p'atricia A Adams, Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-29 (File 10429)
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
5