Trophy Club City Zoning Code
Division 8
Administration and Enforcement
§ 14.02.401 Administration and enforcement.
(a)
Authorization.
The town planning and zoning administrator shall be authorized to carry out the duties of the office of planning and zoning administrator under this ordinance and expend funds as shall be approved from time to time by the town council.
(b)
Duties of the planning and zoning administrator.
In furtherance of this authority and in addition to the duties designated to him under this ordinance and other ordinances of the town, the planning and zoning administrator or his duly designated and authorized representative shall:
(1)
Receive applications for building permits for the construction, erection, alteration, enlargement, and removal of buildings, structures and signs; receive applications for permits for the use of any premises for a parking lot, open sales lot, or other purposes where a building permit is not required; notify applicants of all town ordinances pertaining to said applications; issue permits applied for as soon as practicable where the plans are found to comply with the provisions of this ordinance and all other town laws and ordinances applicable thereto; make and maintain records thereon; and in connection with such duties interpret the provisions of this ordinance.
(2)
Receive applications for certificates of occupancy and compliance for buildings, structures and signs for which building permits have been issued, and which have been constructed, erected, altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; receive applications for certificates of use and occupancy for any premises developed or improved as a parking lot, open sales lot or other purposes where a building permit is not required; notify applicants of town ordinances pertaining to said applications; issue certificates of occupancy and compliance applied for as soon as possible after verification of each written application; and in connection with such duties interpret the provisions of this ordinance.
(4)
Receive petitions for amendments to the text of the zoning ordinance and for the rezoning of property that is subject to this ordinance.
(5)
Provide such clerical and technical assistance to the town council, planning and zoning commission, and zoning board of adjustment as they may require in the performance of their duties under this ordinance.
(6)
Conduct inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this ordinance and issue certificates of inspection where compliance with the ordinance has been verified.
(7)
Conduct inspections of buildings, structures, signs and uses of any premises to determine compliance with the terms of any application, permit or certificates issued by his office.
(8)
Maintain permanent and current records of official actions on all building permits, certificates of inspection, conditional uses, variances, vested rights determinations, appeals and applications therefor and all functions of the office of planning and zoning administrator related to the administration of this ordinance.
(9)
Prepare and have available in book, pamphlet or map form, on or before March 1 of each year:
(10)
Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning ordinance, and the rules of the zoning board of adjustment and the planning and zoning commission. A reasonable fee for each copy shall be charged to defray the cost of printing.
(c)
Inspection and right of entry.
The planning and zoning administrator, or his duly authorized representatives, including, but not limited to, the town building official, are hereby authorized to make inspections of all buildings, structures and premises located within the town to determine their compliance with the provisions of this ordinance. For the purpose of making such inspection, the planning and zoning administrator, and his authorized representatives, are hereby authorized to examine and survey all buildings, structures and premises within the town. Such inspections shall be made between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m. on any days except Sunday, subject to the following standards and conditions:
(1)
Such inspections may take place if a complaint respecting said premises has been received by the planning and zoning administrator and such complaint, in his opinion, provides reasonable grounds for belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the town are being inspected in their entirety.
(2)
Such inspection shall be made by the planning and zoning administrator or by any duly authorized representative upon his direction.
(3)
Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the town and to determine the purpose of said inspection. The planning and zoning administrator, or his duly authorized representative, may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry.
(d)
Notice of violation.
(1)
Whenever the planning and zoning administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this ordinance exists on any parcel of land within the town, he shall give notice of such alleged violation to the owner or agent or occupant of said parcel as hereinafter provided. Such notice shall:
(A)
Be in writing and include a statement of any alleged violations.
(B)
Allow a reasonable time for the correction of any violation or the performance of any other required act.
(C)
Be served upon the owner or his agent or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof (i) is served upon him personally, or (ii) is sent by certified mail to his last known address; or (iii) is posted in a conspicuous place in or about the building, structure or premises affected by the action.
(2)
When an inspection of a building, structure or premises indicates that no violations of this ordinance exist, and that no violations of any other ordinance administered by the planning and zoning administrator exist, he shall cause to be issued to the owner of said property a certificate of inspection attesting to the fact.
(Ordinance 98-29, sec. LI, adopted 12/1/98; Ordinance 2000-06, sec. LI, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.01)
§ 14.02.402 Certificates of occupancy and compliance.
(a)
Issuance of certificate of occupancy.
No existing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, until a certificate of occupancy and compliance shall have been issued by the planning and zoning administrator stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, [and] with the provisions of this ordinance and all other applicable town ordinances. Certificates of occupancy and compliance shall be applied (for) to coincide with the application after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the office of the planning and zoning administrator and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land affected.
(b)
Preexisting structures.
The use of a building already erected at the time of passage of this ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the planning and zoning administrator.
(c)
Connection of utilities.
It shall be unlawful for any public utility, including the town, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the planning and zoning administrator of the town.
(Ordinance 98-29, sec. LII, adopted 12/1/98; Ordinance 2000-06, sec. LII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.02)
§ 14.02.403 Amendments.
(a)
Application for zoning changes.
(1)
Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the town planning and zoning commission requesting change in zoning, which application shall contain the following information:
(A)
Legal description of the land on which a zoning change is requested, together with the local street address.
(B)
Name and address of the owner of the property.
(C)
Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application.
(D)
District use under which the property is regulated at the time of making application and the district use requested by the applicant.
(E)
Any other information concerning the property as may be reasonably requested by the planning and zoning commission.
(2)
Upon the filing of an application for a change in zoning with the planning and zoning commission, the applicant shall pay to the town a fee as defined in the adopted schedule of fees of the town, no part of which shall be returnable, regardless of the action taken on the request.
(3)
A waiting period of one year is hereby established between the date an application for amendment to the zoning ordinance or a requested change in zoning is denied by the town council and a new application for such a change or amendment is accepted. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the town council or planning and zoning commission, or any proposed amendment or change denied without prejudice by the town council.
(4)
The town shall have at least one sign erected on any property upon which a zoning change requested has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the town council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained. Accompanying every petition for amendment of this ordinance shall be a required statement signed by the applicant authorizing the placement of such or signs by the town. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing.
(b)
Changes and amendments.
(1)
Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the town council for a change or amendment to the provisions of the zoning ordinance or the zoning map, or the town planning and zoning commission may, on its own motion, institute proposals for change and amendment to the ordinance or the map in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request.
(2)
The town council may from time to time amend, supplement, or change by ordinance the boundaries of the district or regulations herein. Before taking action on any proposed amendment, supplement, or change, the town council shall submit the same to the town planning and zoning commission for its recommendation and report.
(3)
If such proposed amendment, supplement or change has been denied by the town planning and zoning commission, or if a protest against such proposed amendment, supplement or change has been filed with the town secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred feet (200') therefrom, such amendment shall not become effective except by a three-fourths (3/4) vote of the members of the town council.
(Ordinance 98-29, sec. LIII, adopted 12/1/98; Ordinance 2000-06, sec. LIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.03)
§ 14.02.404 Planning and zoning commission.
(a)
Composition.
The planning and zoning commission shall be composed of seven (7) members to be appointed by the town council.
(b)
Terms of office.
Members of the commission shall be appointed by the town council for a two-year term but serve at the pleasure of subject to reappointment by the town council. The planning and zoning commissioners shall serve offsetting terms. Three commissioners shall be appointed to serve one (1) year terms for the first year of the planning and zoning commission; and four commissioners shall be appointed to serve two (2) year terms for the first year of the planning and zoning commission. All successive terms shall be served on the basis of two (2) year terms for all commissioners. In the event that a vacancy occurs on the planning and zoning commission, the town council will appoint a new member to complete the unexpired term. A member of the commission ceasing to reside in the town, or elected to public office during his or her term of office shall immediately forfeit his or her office.
(c)
Quorum.
Any four (4) members shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission.
(d)
General duties.
The planning and zoning commission shall, from time to time, either at its discretion or as requested by the town council, submit its reports, plans and recommendations for the orderly growth, development and welfare of the town in accordance with chapter 283, Acts of the Regular Session of the Legislature, 1927, being articles [sections] 211.001 to 211.013 of the Texas Local Government Code. Such commission shall also perform other duties as may be prescribed by ordinance or state law, or as follows:
(1)
To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the ordinances of the town, or the laws of the State of Texas; and
(2)
To recommend approval or denial of zoning changes and regulations under this ordinance, the ordinances of the town or the laws of the State of Texas; and
(3)
To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the ordinances of the town, or the laws of the State of Texas; and
(4)
To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the ordinances of the town, or applicable laws of the State of Texas; and
(5)
To recommend to the town council amendments to the town’s zoning ordinances which it deems necessary to clarify the classification of any use, new or otherwise not listed or identified within this ordinance, for the purpose of establishing the appropriate zoning district into which such use should be placed; and
(6)
To interpret the intent of the official zoning map where uncertainty exists because the physical features on the ground vary from those on the official zoning map and none of the rules set forth in this ordinance apply; and
(7)
Upon request by the planning and zoning administrator, to recommend to the town council amendments to the town’s zoning ordinances which it deems necessary to clarify the intent or meaning of any provision of this ordinance where uncertainty exists regarding the interpretation of such provision.
(e)
Citizen of Trophy Club.
Each member of the planning and zoning commission shall be a resident citizen of the town at the time of his or her appointment.
(f)
Removal.
Any member of the planning and zoning commission may be removed from office for any cause deemed by the town council to be sufficient for removal of said member. If a vacancy should exist in the planning and zoning commission membership due to removal from office, resignation, death, refusal or inability to serve, the town council shall appoint a new member to fill the vacancy.
(g)
Attendance.
Three consecutive absences that are not excused by the commission, or the absence of a regular member from more than twenty-five percent of the posted meetings in any six (6) month period, shall cause the planning and zoning commission to review the attendance record of the member and make a recommendation to the council on the appointment.
(h)
Officers.
The town council shall appoint a chairman and vice-chairman of the planning and zoning commission to serve at the pleasure of the town council. The chairman shall preside over all meetings of the commission. The vice-chairman shall perform the duties of the chairman in his or her absence or inability to act.
(i)
Meetings.
(1)
All meetings of the planning and zoning commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the planning administrator and shall be a public record The planning administrator of the town shall be the custodian and possessor of the records and minutes of the planning and zoning commission.
(2)
Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the commission and shall be held at the call of the chairman and at such other times as the commission may determine.
(Ordinance 98-29, sec. LIV, adopted 12/1/98; Ordinance 2000-06, sec. LIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.04)
§ 14.02.405 Zoning board of adjustment.
(a)
Creating zoning board of adjustment.
There is hereby created a zoning board of adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the town council for a term of two (2) years.
(b)
Membership.
In addition to the five (5) regular members of the zoning board of adjustment, four (4) alternate members of the zoning board of adjustment, who shall serve in the absence of one or more regular members when requested to do so by the mayor, shall be appointed by a majority of the town council, so that all cases heard by the zoning board of adjustment will always be heard by a minimum of four (4) members.
(c)
Term of membership.
Regular members and alternate members of the zoning board of adjustment shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the zoning board of adjustment may be removed from office for cause by the town council upon written charges and after a public hearing.
(d)
Officers.
The chairman of the zoning board of adjustment shall be selected by the town council. The zoning board of adjustment shall select from among its regular members, a vice-chairman to act in the absence of the chairman, and a secretary.
(e)
Rules governing zoning board of adjustment.
The zoning board of adjustment may adopt rules to govern its proceedings and conduct of the business before the board. Any rule or rules shall be adopted by a resolution by the board, entered upon the minutes of the board and a copy thereof shall be filed with the town secretary.
(f)
Meetings.
Meetings of this board shall be held at the call of the chairman, and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman, shall administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. All matters before the board of adjustment on matters of appeal, variance, special exception, or other matter as specified by ordinance, shall be held as a public hearing in accordance with the provisions of section 14.02.406, Public Hearings.
(g)
Appeals to zoning board of adjustment.
Appeals to the zoning board of adjustment may be taken by any person aggrieved, or by any officer, department, board, bureau or agency of the town affected by any decision of the building inspector or other administrative officer of the town relative to the zoning ordinance. Such appeal shall be taken within fifteen (15) days after the date of the decision of the building inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record from which the appeal was taken.
(1)
A filing fee in the amount established by the fee schedule to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice of appeal filed with the zoning board of adjustment.
(2)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
(3)
The zoning board of adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney.
(h)
Authority of zoning board of adjustment.
The zoning board of adjustment shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the town in the enforcement of this ordinance.
(2)
To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance, if any.
(3)
To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done.
(4)
To permit in any district such modification of the requirements of the district regulations as the board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district.
(i)
Exercising of powers.
In exercising its powers, the zoning board of adjustment may, in conformity with the provisions of this ordinance and the provisions of chapter 211 of the Texas Local Government Code, as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(1)
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation to this ordinance.
(2)
Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment, or any taxpayer, or any officer, department, board or bureau of the town may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the zoning board of adjustment.
(j)
Waiting period.
No appeal to the zoning board of adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of 90 days from the date of a ruling of the zoning board of adjustment on any appeal to such body unless other property in the same zoning area shall have, within such 90-day period, been altered or changed by a ruling of the zoning board of adjustment, in which each such change of circumstances shall permit the allowance of an appeal.
(Ordinance 98-29, sec. LV, adopted 12/1/98; Ordinance 2000-06, sec. LV, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.05; Ordinance adopting Code; Ordinance 2015-46 adopted 12/8/15; Ordinance 2025-25 adopted 8/25/2025)
§ 14.02.406 Public hearings.
(a)
Requirements for public hearing.
The town planning and zoning commission shall hold a public hearing on any amendment, supplement, or change in zoning classification prior to making its recommendation and report to the town council. Written notice of all public hearings before the town planning and zoning commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within two hundred feet (200') of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, by depositing a notice properly addressed and postage paid in the United States post office to such property owners as the ownership appears on the last approved town tax roll.
(b)
Notice of public hearing.
A public hearing shall be held by the town council before adopting any proposed amendment, supplement, or change in zoning classification. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in the official newspaper of the town. Such hearing may be held jointly with the hearing before the town planning and zoning commission required pursuant to subsection (a) of this section.
(c)
Zoning changes that do not affect specific property.
These changes are usually associated with textual changes. When any proposed amendment, supplement, or change of zoning map or text of this zoning ordinance does not affect the land use character or zoning classification of specific property, notice of public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the town without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than fifteen (15) days prior to the public hearing.
(Ordinance 98-29, sec. LVI, adopted 12/1/98; Ordinance 2000-06, sec. LVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.06)
§ 14.02.407 Exceptions and exemptions not required to be negated.
In any complaint and in any action or proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, provision or exception contained in this ordinance, and the burden of proof of any such exception, excuse, provision or exemption shall be upon the defendant.
(Ordinance 98-29, sec. LVII, adopted 12/1/98; Ordinance 2000-06, sec. LVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.07)
§ 14.02.408 Penalty.
Any person, firm or corporation violating any of the provisions of this ordinance shall be punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense.
(Ordinance 2000-06, sec. V, adopted 3/21/00; 2006 Code, ch. 13, sec. 8.08)