ORD 2003-10 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003-10 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 6, TO REVISE THE TITLE OF ARTICLE 6 TO
"CONDITIONAL AND SPECIFIC USES" AND BY ADOPTING SECTION
44.1 ENTITLED "SPECIFIC USE PERMITS" ("SUP"); PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE;
ESTABLISHING AUTHORIZED SPECIFIC USES; PROVIDING
PROVISIONS FOR APPLICATION; SETTING FORTH GUIDELINES
FOR THE CONTENTS OF THE SUP PERMIT APPLICATION;
ESTABLISHING PROVISIONS FOR A PUBLIC HEARING;
ESTABLISHING PROVISIONS FOR THE CONSIDERATION OF A
SPECIFIC USE PERMIT APPLICATION; PROVIDING CONDITIONS
AND RESTRICTIONS; PROVIDING AN AFFIDAVIT OF COMPLIANCE
WITH CONDITIONS; ESTABLISHING GUIDELINES FOR THE
EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE;
PROVIDING A PERIOD OF VALIDITY; 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.
WHEREAS, the Town of Trophy Club, Texas, (the "Town") is a Type A General Law
Municipality located in Denton County, Texas and created and operating in accordance with the
provisions of the Texas Local Government Code and operating pursuant to the enabling
legislation of the State of Texas; and
WHEREAS, the amendment to the Town's Ordinance allows landowners the
opportunity to request the development of certain land uses in a manner compatible with
surrounding zoning and existing land uses; and
WHEREAS, the adoption of provisions regulating the grant of a Specific Use Permit will
permit a land use not otherwise allowed in a district contingent upon both initial compliance with
certain conditions precedent and the continued maintenance of such conditions precedent; and
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WHEREAS, permitting such uses contingent upon compliance with conditions precedent
will allow the orderly development of the Town in a manner that is compatible with adjacent
property and consistent with the character of the neighborhood; and
WHEREAS, the adoption of such new provisions has been reviewed by the Town's
Planning & Zoning Commission, and after holding the required public hearing, the Planning &
Zoning Commission recommends approval of such provisions through this Ordinance by
amending Article 5 by adding Section 44.1, entitled "Specific Use Permits `SUP"' (herein
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referred to collectively as the "SUP Amendment"); and
WHEREAS, all legal notices, required public hearings and other conditions required by
law having been complied with, the proposed SUP amendment was considered by the Planning
& Zoning Commission and the Town Council;
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 part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning &
Zoning Commission and the information and other materials received at the public hearings, the
Town Council has concluded that the adoption of this Ordinance is in the best interests of the
Town of Trophy Club, Texas, and of the public, safety and welfare and is consistent with the
Town's Comprehensive Land Use Plan.
SECTION 3.
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:
SECTION 44.E ' SPECIFIC USE PERMITS"SUP"
A. PURPOSE
The Specific Use Permit procedure is designed to provide the Planning & Zoning
Conunission and the Town Council with an opportunity for discretionary review of
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requests to establish or construct uses or structures which may be necessary or desirable
for, or which have the potential for a deleterious impact upon the health, safety and
welfare of the public, for the purpose of determining whether the proposed location of the
use or structure is appropriate and whether it will be designed and located so as to
provide, minimize or mitigate any potentially adverse effects upon the community or the
other properties in its vicinity. The discretionary Specific Use Permit procedure is
designed to enable the Planning & Zoning Commission and the Town Council to impose
conditions upon such uses and structures that are designed to avoid, minimize or mitigate
potentially adverse effects upon the community or other properties in the vicinity of the
proposed use or structure, and to deny requests for Specific Use Permits when it is
apparent that a proposed use or structure will or may occasionally harm the community or
cause substantial injury to the value, lawful use, and reasonable enjoyment of other
properties in the vicinity of the proposed use or structure.
B. AUTHORIZED SPECIFIC USES: The following uses and structures may be
established or constructed only upon the issuance of a Specific Use Permit in accordance
with the provisions of this Ordinance.
1. Gas and oil well drilling and production.
2. Children's Day Care Center, unless otherwise specifically allowed.
C. APPLICATION: An application for Specific Use Permit may be filed by the owner of,
or other person having a contractual or possessory interest in, the subject property. Any
-- application filed by a person who is not the owner of the property for which the Specific
Use Permit is sought shall be accompanied by evidence of the consent of the owner.
D. PERNUT APPLICATION: An application for a Specific Use Permit, along with the
permit fee, shall be filed with the Planning & Zoning Coordinator, who shall forward a
copy to the Planning & Zoning Commission. The application shall contain the following
information:
Applicant's name, address, phone number and their interest in the subject
property.
2. Owner's name, address and phone number, if different from the applicant, as well
as the owner's signed consent to the filing of the application.
3. Zoning classification and present use of the subject property.
4. A description of the proposed Specific Use.
5. An application for site plan approval, which shall be in accordance with Section
41, Site Plan Requirements.
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6. A detailed explanation of why the proposed use will not cause substantial injury
to the value, use or enjoyment of the property in the neighborhood.
7_ A statement as to how the proposed Specific Use is to be designed, arranged and
operated in order to ensure that development and use of neighboring property in
accordance with the applicable district regulations will not be prevented or made
unlikely, and that the value, use and reasonable enjoyment of such property will
not be prevented or made unlikely, and that the value, use and reasonable
enjoyment of such property will not be impaired or adversely affected.
8. An identification of any potentially adverse effects that may be associated with
the proposed Specific Use, and of the means proposed by the applicant to avoid,
minimize or mitigate such effects.
9. ,such additional terms and conditions including design standards as the Planning
and Zoning Commission and the Town Council deem necessary to preserve the
value and character of the affected property and neighboring properties.
E. PUBLIC HEARING: A public hearing shall be conducted for all applications for
Specific Use Permit and notice thereof shall be given in the manner and form required for
amendments as set out in Section 53 entitled "Amendments", Section 43.1, entitled "Oil
and Gas Well Drilling & Production Within the Corporate Limits of the Town of Trophy
Club" and as required by State Law.
F. CONSIDERATION OF SPECIFIC USE PERMIT APPLICATION: In considering
an application for a Specific Use Permit, the Planning & Zoning Commission and the
Town Council shall take into consideration the following factors:
Whether the proposed Site Plan will adequately provide for safety from fire
hazards and have effective measures of fire control.
2. Whether the proposed Site Plan provides adequate drainage.
Whether the proposed Specific Use will have noise producing elements that are
not sufficiently controlled.
4. Whether the glare of vehicular and stationary lights is compatible with the
established character of surrounding land uses.
S. Whether the location, lighting and type of signs and the relationship of signs to
traffic control is appropriate for the site.
6. Whether such signs will have an adverse effect on adjacent properties.
7. Whether the proposed Specific Use will adversely affect the public at the site and
the area immediately surrounding the Specific Use.
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S. Whether the proposed use will have any substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, parking,
utility facilities and other matters affecting the public, health, safety and general
welfare.
9. Whether the proposed use will be constructed, arranged and operated so as not to
dominate the immediate vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable district regulations. In
determining whether the proposed Specific Use will so dominate the immediate
neighborhood, consideration shall be given to:
a. The location, nature and height of buildings, structures, walls and fences
on the site, and
b. The nature and extent of landscaping and screening on the site.
10. Whether the proposed use otherwise complies with all applicable regulations of
this ordinance, including lot size requirements, bulk regulations, use limitations
and performance standards.
11. Whether the proposed use at the specified location will contribute to or promote
the welfare or convenience of the public.
12. Whether off-street parking and loading areas will be provided in accordance with
the standards set out in Section 47, Off -Street Parking Requirements, and Section
48, Off Street Loading Requirements, and such additional areas will be screened
from any adjoining residential uses and located so as to protect such residential
uses from any injurious effect.
13. Whether adequate access roads or entrance and exit drives will be provided and
will be designed so as to prevent traffic hazards and to minimize traffic
congestion in public streets and alleys.
14. Whether the proposed use will be served adequately by essential public facilities
and services such as highways, streets, parking spaces, police and fire protection,
drainage structures, refuse disposal, water and sewers and schools; or that the
persons or agencies responsible for the establishment of the proposed use will
provide adequately for such services.
15. Whether the proposed use will result in the destruction, loss or damage of any
natural, scenic or historic feature of significant importance.
G. CONDITIONS AND RESTRICTIONS: In considering a Specific Use Permit
application, The Planning & Zoning Commission may recommend, and the Town
Council may impose, such conditions, safeguards and restrictions upon the premises
benefited by the Specific Use as may be necessary to avoid, minimize, or mitigate any
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potentially injurious effect of such Specific Use upon other property in the neighborhood,
and to carry out the general purpose and intent of this Ordinance. Such conditions shall
be set out in the Ordinance approving the Specific Use permit.
H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS: Whenever any Specific
Use Permit authorized pursuant to this Section is made subject to conditions to be met by
the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the
Planning & Zoning Coordinator so stating.
L EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE: The issuance of a
permit for a Specific Use shall not authorize the establishment or extension of any use
nor the development, construction, reconstruction, alteration or moving of any building or
structure, but shall merely authorize the preparation, filing and processing of applications
for any permits or approvals which may be required by the codes and Ordinances of the
Town, including but not limited to, a building permit, a certificate of occupancy and
subdivision approval.
J. PERIOD OF VALIDITY: Specific Use Permits are conditional zone changes granted
by amendment to the Comprehensive Zoning Ordinance. In the event that the use
granted by the Specific Use Permit lapses for a period of six (6) months or more, the
permit shall become void. The applicant may choose to reinitiate the Specific Use Permit
approval procedure, including all fees required in the process.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances affecting Specific Use Permits 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.
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; provided however, that Ordinance No. 2000-06 P&Z is
hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are consistent 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 No. 2000-06 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.
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SECTION G.
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, in an amount not to exceed the sum of 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.
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 S.
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 9.
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 10.
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 4`t'
day of August, 2003.
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Effective Date:
ATTEST:
August 13, 2003
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
'VUUw
Town Attorney
Town of Trophy Club, Texas
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[SEAL]