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ORD 1994-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. g 4 _ i AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING, EXCEPT AS MAY BE AUTHORIZED BY THE PLANNING AND ZONING COMMISSION, THE USE OF WOOD SHINGLES OR WOOD SHAKES: (1) AS A ROOF COVERING ON ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT IS ISSUED ON OR AFTER THE EFFECTIVE DATE HEREOF, OR (2) TO REPLACE 50% OR MORE OF THE ROOF COVERING ON ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT WAS ISSUED OR WHICH WAS CONSTRUCTED OR ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING THAT ALTERNATE MATERIALS WITH A CHARACTERISTIC EQUAL TO OR GREATER THAN A 30 YEAR FIRE RETARDANT WARRANTY MAY BE USED UPON APPROVAL BY THE PLANNING AND ZONING COMMISSION; PROVIDING DEFINITIONS; REQUIRING THAT A BUILDING PERMIT BE ACQUIRED PRIOR TO THE REPLACEMENT OF 50% OR MORE OF ANY ROOF COVERING; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE. WHEREAS, it is generally recognized that wood shingles or wood shakes used as a roof covering constitute a fire hazard; and WHEREAS, due to such safety hazard, the Town Council of the Town of Trophy Club, Texas (the "Town") desires to prohibit the future and further use of wood shingles or wood shakes as a roof covering, except as may be authorized by the Planning and Zoning Commission according to the standards set forth herein, and finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: -1- DOC A 196800 Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated herein in their entirety. Section 2. Definitions. The terms "wood shingles" and "wood shakes" shall have the same meaning as those terms are given in the Uniform Building Code, 1991 Edition, as adopted by Ordinance No. 92-04A of the Town. A true and correct copy of such definitions is attached hereto and incorporated herein. Section 3. Prohibition of wood shin, wood shakes. Except as may be permitted by Section 4, wood shingles or wood shakes shall not be used: A. as a roof covering on any building or structure for which a building permit is issued by the Town on or after the effective date of this Ordinance; or B. to replace fifty percent (50%) or more of the roof covering on any building or structure for which a building permit was issued or which was constructed or erected prior to the effective date of this Ordinance. Section 4. Alternate materials. It is the desire of the Town to require that roof coverings provide the greatest degree of protection from the spread of fire. In accordance therewith, roof covering materials having equal or greater characteristics of a 30 year fire retardant warranty may be allowed upon approval of the Planing and Zoning Commission. Once approved, the Town may thereafter permit the use of the roof covering materials approved without further approval by the Planning and Zoning Commission. Section 5. Building permit. No person shall replace or cause to be replaced fifty percent (50%) or more of the roof covering on any building or structure located, placed, constructed or erected within the Town without first securing from the Town a building permit authorizing such replacement. Section 6. Savings. This Ordinance shall be cumulative of all other ordinances of the Town affecting buildings and structures and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 7. 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 ($1.04) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section S. 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 -2- DOC #: 196800 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 9. Effective date. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 20th day of 5eDtember , 1994. ATTEST: Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: 4'L i torney, Town of Trophy Club, Texas -3- DDC #: 196800 Y May r, Town of Trophy lub, Texas