ORD 2002-42 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002- 42 P&Z
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-25P&Z
ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION,
REGULATION, AND PERMITTING OF FENCES AND RETAINING
WALLS; AND ADOPTING NEW REGULATIONS FOR THE
CONSTRUCTION, REGULATION AND PERMITTING OF FENCES AND
RETAINING WALLS; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS
FOR FENCES, INCLUDING PERMIT REQUIREMENTS, HEIGHT
REQUIREMENTS, AND TYPE OF FENCE AND CONSTRUCTION;
PROVIDING RETAINING WALL REGULATIONS, INCLUDING PERMIT
REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF
RETAINING WALL AND CONSTRUCTION; PROVIDING
REGULATIONS FOR OUTDOOR ANIMAL RUNS, INCLUDING PERMIT
REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND
CONSTRUCTION; PROVIDING FOR SCREENING; PROVIDING
REGULATIONS FOR GOLF COURSE LOTS; PROVIDING FOR
MAINTENANCE OF NON -LIVING MATERIAL; PROVIDING FOR
MAINTENANCE OF LIVING MATERIAL; PROVIDING FOR
ADDITIONAL SCREENING AND FENCING; PROVIDING FOR
PERIMETER FENCING; PROVIDING FOR INSPECTION; PROVIDING
FOR MAINTENANCE/REPLACEMENT; PROVIDING FOR WAIVERS
AND APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING ANE + + CTIVE DATE.
WHEREAS, after review and recommendation by the Planning and Zoning Commission,
the Trophy Club Town Council enacted Ordinance No. 2002-25P&Z regulating the construction
and permitting of fences and retaining walls, and such ordinance was enacted for the purpose of
ensuring traffic safety, reducing drainage problems, and restricting the visual blight caused by
certain types of fences;
WHEREAS, since the adoption of Ordinance No. 2002-25P&Z, a conflict has been
identified between the regulation contained in Ordinance 2002-25P&Z requiring a twenty foot
(20') distance requirement between parallel fences and the requirement that a barrier fence be
constructed around swimming pools;
Page 1 of 16
WHEREAS, the Planning and Zoning Commission has reviewed Ordinance No. 2002-
25P&Z and has made revisions to resolve that conflict by allowing an exception to the twenty
foot (20') distance requirement applicable to parallel fences for those fences surrounding a pool
or a transformer, and such revisions to the Ordinance address administrative issues experienced
by staff in enforcing Ordinance No. 2002-25P&Z;
WHEREAS, the Town Council finds it necessary and beneficial to repeal Ordinance No.
2002-25P&Z in its entirety and adopt new regulations governing fences and retaining walls as
more fully specified hereinbelow;
WHEREAS, the following new regulations governing fences and retaining walls are
cumulative of those regulations adopted in the Comprehensive Zoning Ordinance of the Town,
as amended, and are not intended to modify or otherwise affect the fencing and screening
regulations contained within the Comprehensive Zoning Ordinance; and
WHEREAS, Town Council has determined it to be in the best interest of the Town of
Trophy Club, Texas, to repeal Ordinance 2002-25P&Z in its entirety and establish and adopt the
following new provisions for the construction, regulation and permitting of fencing and retaining
walls, and allowing an exception to the twenty foot (20') distance requirement for parallel
fences.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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.
DEFINITIONS
When used in this Ordinance, the following terms shall have the respective meanings ascribed to
them:
A. Barrier: A fence, wall, building wall or combination thereof which completely
surrounds a swimming pool or spa and obstructs or restricts access to such swimming
pool or spa.
B. Building Official: The Building Official for the Town of Trophy Club, Texas or his or
her designee.
C. Class I, H and III -A Liquids: Refer to Exhibit "A" — 1997 Uniform Fire Code, Table
7901.1-A Classification of Flammable and Combustible Liquids, a copy of which is
attached hereto and incorporated herein.
Page 2 of 16
D. Dilapidated: The condition of a building or structure that has fallen into a state of
disrepair, ruin or decay.
E. Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or
other materials similar to the foregoing that may be applied to the surface of a building or
structure.
F. Fence: Any wall or structure more than three feet (3') in height constructed or placed for
the purpose of enclosing, screening, restricting access, or decorating any real property,
building or structure. In no event shall "fence" mean any wall or structure constructed or
placed in the front yard of a residence.
G. Maintenance: The work of keeping a building or structure in proper condition.
H. Opaque: A fence material that is impenetrable by light; neither transparent nor
translucent.
I. Outdoor Animal Run: Any secondary fencing fully contained within an opaque primary
fence that is used to contain a dog or other animal authorized by the Town's Animal
Control Ordinance.
J. Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-
half inch ('/z") apart.
K. Repair: The reconstruction or renewal of any part of an existing building or structure for
the purpose of maintenance
L. Retaining Wall: A wall designed to resist the lateral displacement of soil or other
materials; said materials being substantially equal in height to the height of the wall.
M. Screening: To conceal an object from public view by means of landscaping materials or
an opaque fence.
N. Treated Railroad -Type Cross -tie Wall: A wall constructed from railroad cross -ties,
either loosely stacked or attached to each other, primarily for the purpose of retaining or
holding earth on one side. This definition shall include treated wood of a shape and
dimension that resembles a cross -tie.
O. Wood Rail Fence: A fence made of wood, typically with vertical support posts and
horizontal wooden posts or split rails. The horizontal rails typically consist of two or
three parallel rails with open space between the rails.
Page 3 of 16
SECTION 3.
FENCES
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal entity
to place, construct or have constructed any type of fence, without having first secured a
permit for the placement or construction of the same from the Town's Building Official.
Each permit shall be valid for a period of ninety (90) days from date of issuance, during
which time the construction must be completed and final inspection requested. This
ninety (90) day time limitation shall not apply to fence permits applied for homebuilders
at the same time apply for the residential building permit. Fence permits applied for in
conjunction with residential building permits shall be valid until the house has passed it's
final inspection by the Building Official or his designated representative.
The following information shall be required in the permit application:
1. Applicant's name and address;
2. Local address where fence is to be erected;
3. Construction material;
4. Height offence,
5. Graphic outline of the property to be fenced, with the fence signified by dark lines
and showing the location of adjacent fences;
6. Approximate value of the fence; and
7. Contractor name, mailing address and telephone number
B. Height Requirements.
1. Other than on the perimeter of the Town or as approved within a Planned
Development, it shall be unlawful to erect or have erected a fence exceeding six feet
(6') in height in or on any required side or rear yard. The measurement to determine
the height of the fence shall be taken from the inside of the fence on the property at
which it is installed and shall be measured from the natural grade of the ground to the
top of the fence if there is no retaining wall. In the event that a retaining wall is
utilized, the fence shall be measured from the upper most surface of the retaining
wall.
2. Side yard fencing must begin a minimum of ten feet (10') behind the front face of the
residence located on the lot.
3. In any side or rear yard adjacent to a street, no fence shall be erected beyond the side
or rear yard building line.
Page 4 of 16
4. The minimum height of a fence around a pool is four feet (4').
C. Type of Fence and Construction.
1. It shall be unlawful for any fence to be constructed that is electrically charged in any
manner.
2. Railroad cross -ties, wood of a shape and dimension resembling a cross -tie and
landscape timber shall not be allowed as construction material for fences.
3. It shall be unlawful for any fence to be constructed or maintained with material that is
composed of wire or mesh fencing material, except as provided in Section 5 herein.
4. In order to allow for entrance and exit of fire and police department personnel, each
fence must contain at least one (1) gate not less than three feet (3') wide.
5. It shall be unlawful to erect a fence that alters the natural drainage or existing planned
drainage.
6. Unless specifically exempted by section 6(a) hereof, a person shall not construct a
fence parallel to and within twenty feet (20') from another fence unless such person
first obtains a waiver from the Town Council upon recommendation from the
Planning & Zoning Commission. Fences constructed under these provisions must be
a minimum of five feet (5') from the existing perimeter fence.
a. A person shall be exempted from the requirement to obtain the waiver required by
section 6 of this section if the proposed fence complies with all other applicable
state and local laws, codes, regulations and amendments thereto and either:
(1.) Surrounds a transformer; or
(2.) Provides a barrier for spas and pools as required by applicable law.
7. No fence shall be constructed on a corner lot in a manner that obstructs proper visual
clearance for vehicular traffic approaching the intersection in either direction.
S. Fences constructed, repaired or maintained on common street rights-of-way and
property lines in all subdivisions shall have the finished side of the fence facing the
street. Fences on interior lot lines that are not common with street rights-of-way shall
be constructed with the finished side faced according to the discretion of the property
owner constructing the fence.
9. Wood fences with natural wood tones are preferred; however, the fences may be
painted or stained with wood and earth tone paints or stains.
14. Wood picket fences are not permitted.
Page 5 of 16
11. All requirements of the international Residential Code, and all amendments thereto,
adopted by the Town shall be applicable to the construction of a fence and are hereby
incorporated herein and made a part of this Ordinance.
12. Fences must be constructed of brick, stone, ornamental metal, or wood, including but
not limited to cedar, or redwood, which are the preferred materials. Other materials
similar to the foregoing, including some types of man-made materials may be allowed
if such materials are suitable to maintain appearance, soundness, safety, and
resistance to decay or weather. Use of any such similar materials, including but not
limited to man-made materials, shall only be allowed upon the granting of a waiver
from the Town Council upon recommendation by the Planning and Zoning
Commission. Such waiver will only be granted upon a finding by the Planning and
Zoning Commission that such alternate material requested is similar to those
materials specifically allowed in this section, and to the same extent as authorized
fence materials, and that such material is compatible with fencing materials used in
existing fences in the neighborhood or subdivision.
SECTION 4.
RETAINING WALL REGULATIONS
A. Permit. it shall be unlawful for any person, corporation, partnership or other legal entity
to construct or have constructed a retaining wall without having first secured a permit
from the Permitting Department, except as defined below.
The following information shall be required in the permit application.
1. Applicant's name and address;
2. Local address where wall is to be erected;
3. Construction material;
4. Height of wall;
5. Graphic outline of the property to be retained, with the retaining wall signified by
dark lines; and
6. Approximate value.
7. Reason for installation of retaining wall.
8. Contractor name, mailing address and telephone number.
Page 6 of 16
B. Height Requirements:
1. Any retaining wall four feet (4') and over must be a structurally engineered wall.
Only the registered engineer's seal will be accepted.
2. Retaining walls that are not over four feet (4') in height measured from the bottom of
the footing to the top of the wall do not require a permit, unless supporting a
surcharge or impounding Class I, II or III -A liquids.
C. Type of Retaining Wall and Construction.
1. The use of treated railroad type cross -tie material, wood of shape and dimension
resembling railroad cross -ties or landscape timbers is prohibited for new construction
and is also prohibited for replacement work if more than thirty percent (30%) of an
existing retaining wall must be replaced or is being replaced.
2. All new retaining walls must be constructed of concrete, pavestone, stone, or brick.
Other materials similar to the foregoing, including some types of man-made materials
may be allowed if such materials are suitable to maintain appearance, soundness,
safety, and resistance to decay or weather. Use of any such similar materials,
including but not limited to man-made materials, shall only be allowed upon the
granting of a waiver from the Town Council upon recommendation by the Planning
and Zoning Commission. Such waiver will only be granted upon a finding by the
Planning and Zoning Commission that such alternate material requested is similar to
those materials specifically allowed in this section, and to the same extent as
authorized fence materials, and that such material is compatible with materials used
in existing retaining walls in the neighborhood or subdivision.
3. All retaining walls constructed of formed concrete, concrete block, cinder block or
similar materials shall have facing added to their exposed surface(s).
4. Retaining walls located along public roadways must provide sufficient area between
the retaining wall and the roadway for landscaping to be provided between the
retaining wall and the roadway.
SECTION 5.
OUTDOOR ANIMAL RUN
A. Permit. It shall be unlawful for any person, corporation, partnership or other legal entity
to construct or have constructed an outdoor animal run for the containing of a dog or
other animal authorized in the Town Animal Control Ordinance without having first
secured a permit for such outdoor animal run from the Town. Such outdoor animal run
must be for the sole purpose of containing an authorized animal. The following
information shall be required in the permit application.
Page 7 of 16
1. Applicant's name and address;
2. Local address where the animal run is to be erected;
3. Construction material;
4. Height of animal run; and
S. Type of animal to be kept in animal run.
6. Contractor name, mailing address and telephone number, if appropriate.
B. Type of Outdoor Animal Run and Construction.
1. The animal run shall be fully contained within an opaque privacy fence.
2. The animal run shall be constructed only of:
a. top -rail galvanized chain link fencing with a gauge of 11 1/2, 12 1/2, or 14 inches
and posts, or
b. ornamental iron.
3. The animal run shall not have metal or fiberglass roofing.
4. The animal run shall not exceed six feet (6'), or the height of the perimeter fence.
5. The animal run shall not be visible from any public right -of way.
SECTION 6.
SCREENING
The following screening standards shall be complied with:
A. Fences, walls and dense landscaped hedges or plantings are permitted in any zoning
district as a screening element; however, such screening elements shall conform to the
restrictions set forth herein.
B. Where a non-residential use abuts a residential lot, residential use or residential district,
the side and rear property lines abutting said residential lot, use or district shall be solidly
fenced by the owner of the non-residential use. Such fencing shall be of masonry
construction unless other suitable material has been approved by the Planning and Zoning
Commission pursuant to the process identified in Section 3(C) 12 of this Ordinance. The
wall shall be constructed to a height of eight feet (8') so as to restrict the view from the
residential lot, use or district onto the non-residential use.
Page 8 of 16
C. Where the district boundary dividing a residential district from a non-residential district is
along a street or alley, and an automobile parking lot or parking area is located in the
front yard of the non-residential use, the parking lot or parking area facing the residential
lot, use or district shall be suitably screened with a wall of masonry construction, unless
some other suitable material has been approved by the Planning and Zoning Commission
pursuant to the process identified in Section 3(C) 13 of this Ordinance. Such wall shall
be constructed to a height of not less than four feet (4').
D. In non-residential areas, the garbage, refuse and trash collection/storage areas shall be
fully screened from view by a masonry fence or wall of at least eight feet ($') in height,
and shall be gated.
E. Off-street loading areas shall be adequately screened from view of all residential dwelling
and from any other adjacent land uses, as indicated in the Comprehensive Zoning
Ordinance, Article 7, Section 54 — Parking and Loading Area Development Standards for
Non -Residential Uses, Item D.
F. In any district, exterior utility, pool equipment and other mechanical equipment shall be
screened so as not to be visible from any street. For purposes of this Ordinance,
electrical, gas, and other utility meters are not subject to the foregoing screening
requirement.
G. Screening, as herein referenced, shall mean any of the following:
1. Any dense evergreen hedge or plant material suitable for providing an opaque visual
barrier, for which such material shall be maintained in a healthy growing condition.
2. A solid fence.
H. No screening element shall be constructed, erected, placed, planted or maintained in such
position or location so as to be dangerous or detrimental to the health or safety of
persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any
public or private street or driveway. Provided, however, that the natural existing terrain
which cannot be removed by reasonable landscaping techniques, including retaining
walls constructed below or at the same grade of said natural existing terrain, shall be
excluded from the objects otherwise prohibited.
I. Landscaped earth berms may, when appropriate in scale, be used as a screening element
in conjunction with a fence, wall, hedge, or other dense planting material.
J. Fences, Walls, Screening: Except as otherwise provided in this Ordinance, fences, walls,
and screening are permitted in any required rear or side yard, or along the edge of any
such yard as a screening, decorative or containment element. Such fences and walls shall
not exceed six feet in height and the following requirements shall be met:
1_ Nothing shall be erected, placed, planted or maintained on a corner lot or parkway
adjacent thereto so as to interfere with the visual line of sight at an elevation between
Page 9 of 16
two and one-half feet (2 — 1/2') and eight feet (8') above the top of the adjacent street
curb, or if there is no curb then from the average street grade, within a triangular area
formed by the intersection of the adjacent street right-of-way lines and a line formed
by connecting a point thirty-five feet (35') from the street intersection on one street
right-of-way line with a corresponding point on the other street right-of-way line.
2. Interior Lots: For interior lots in any district, nothing shall be erected, placed, planted
or allowed to grow in such a manner as to impede vision or in any way create a traffic
hazard to motorists, including but not limited to, impediments to the safety of persons
entering or exiting any public highway, street, alley or private street or highway,
driveway from or to adjacent private property.
3. Any object or combination of objects placed, planted or maintained in violation of
this ordinance, shall be removed upon written notice sent via certified mail from the
authorized representative of the Town, to the owner, agent, or occupant of the
premises or property where such obstruction has been erected, placed, planted or
maintained. Such notice shall allow the owner, agent, or occupant of the premises a
period of ten (10) days to remove the obstruction.
4. Railroad cross -ties and landscape timber shall not be allowed as construction material
for screening fences.
SECTION 7
GOLF COURSE LOTS
A. All fences facing or abutting golf course lots shall be constructed of ornamental metal.
B. All fences on lots contiguous to a golf course shall be a minimum of four feet (4') and a
maximum of six feet (6') in height.
C. No animal runs shall be permitted on golf course lots.
D. On lots abutting a golf course in residentially zoned areas, screening along the golf
course shall be limited to the height of the fence and shall meet all other requirements of
this Ordinance.
SECTION S.
MAINTENANCE OF NON -LIVING MATERIAL
All required non -living screening materials shall be maintained in a neat and orderly condition -at
all times. Screening areas shall be kept free of trash, litter, weeds, and other such materials or
plants not a part of the screening or landscaping.
Page 10 of 16
SECTION 9.
MAINTENANCE OF LIVING MATERIAL
All required living -screening materials shall be maintained in a neat and orderly condition at all
times. This shall include, but not be limited to pruning, fertilizing, watering, weeding, and other
such activities common to the maintenance of landscaping. Appropriate facilities for watering
any plant material shall be installed at time of planting. Screening areas shall be kept free of
trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping.
All plant material shall be maintained in a healthy and growing condition as is appropriate for the
season of the year. All plant material that dies shall be replaced within thirty (30) days with
plant material of similar size.
SECTION 10.
ADDITIONAL SCREENING & FENCING
The Zoning Board of Adjustment may approve screening and fencing requirements on any
zoning case in lieu of screening or fencing requirements set out specifically in each use district
upon application for variance. Provided however, that the for a planned development district, the
Planning and Zoning Commission may recommend and the Town Council may approve
additional screening or fencing requirements set out specifically in each use district when the
nature and character of the surrounding or adjacent property dictates a need to require such
devices in order to protect such property and to further provide protection for the general health,
welfare and morals of the community in general.
SECTION 11.
PERIMETER FENCING
Perimeter fencing shall be provided according to the following requirements:
A. If a tract of land has been platted or is owned under single ownership or under single
control and that tract of land touches any part of the perimeter or corporate limits of the
Town, the regulations of this section shall apply. A decorative masonry or ornamental
wall or fence consisting of masonry posts at eight foot (8') intervals with sealed Western
Red Cedar Welco wooden insets or equivalent, shall be constructed on property lying
along the perimeter Town Limits line of the Town as specified herein unless otherwise
provided in this ordinance. Such wall or fence shall be constructed where the property
intersects with the Town limits and along the perimeter limit lines of the Town. The
owner, subdivider, or developer of the property shall be responsible for the construction
of the fence or wall. Such fence or wall shall be continuous and shall be eight feet (8') in
height. The owner, subdivider, or developer shall construct such fence or wall either at
the time that any street improvement is constructed within the subdivision or at the time
that any type of construction or development of any kind is commenced upon the tract of
land, whichever occurs first.
B. The extent to which fencing or walls are constructed shall be determined by the Planning
and Zoning Commission upon consideration of a site-specific request and upon the
submittal of appropriate documentation material.
Page 11 of 16
C. Construction, design and material for the extension of perimeter fences shall be subject to
the approval of the Town Council, upon recommendation by the Planning and Zoning
Commission.
SECTION 12.
INSPECTION
During construction and/or installation of a fence, wall, outdoor animal run or retaining wall for
which a permit is required, the property owner shall contact the Building Official to request all
required inspections. Failure to request any required inspection shall be a violation of this
Ordinance. The Building Official shall issue either a Green Tag if the structure meets with
requirements of this ordinance or shall issue a Correction Notice for defects in construction
materials or procedure. The owner shall remedy all defects as specified in the Correction Notice.
SECTION 13.
MAINTENANCEIREPLACEMENT
A. All fences, walls, outdoor animal runs, and retaining walls shall be maintained in sound
condition and good repair at all times. When a fence, wall, or outdoor animal run is
declared by the Building Official or his designated representative to be dilapidated or
hazardous, the Building Official, or his designated representative shall order the
occupant, owner, or inhabitant of the property to remove or repair the fence, wall, or
outdoor animal run to a sound condition.
1. Dilapidated shall include but not be limited to fences, walls, or outdoor animal runs
which have broken or missing planks or portions, or which are out of alignment by
more than one (1") per foot of height measured at the posts.
2. Areas adjacent to fences and walls shall be maintained in a clean manner and shall be
free and clear of all debris, trash and weeds.
3. It shall be unlawful for an occupant, owner, or inhabitant of a property to fail to
remove or repair a fence or wall in accordance with this provision within ten (10)
days of an order issued under this section, unless otherwise approved by the Building
Official or his designated representative.
B. A permit shall be required for maintenance of thirty percent (30%) or more of a fence or
retaining wall that faces or fronts an existing right-of-way. No permit shall be required
for maintenance work on fences or retaining walls that do not front or face a right-of-
way.
SECTION 14.
WAIVERS AND APPEALS
A. Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear and shall seriously and fairly consider a
request for a waiver from the terms and conditions set forth in this Ordinance. A waiver
Page 12 of 16
may be authorized and will not be contrary to the public interest, where, owing to special
conditions, the literal enforcement of the provisions of this Ordinance will result in
unnecessary hardship, including but not limited to a substantial economic hardship; the
granting of the waiver is not inconsistent with the spirit of this Ordinance; and substantial
justice is done.
B. Any person aggrieved by the terms of this Ordinance or the interpretation, application, or
enforcement of this Ordinance by the Designated Official shall have the right to appeal
any action of the Designated Official taken pursuant to this Ordinance. Any such appeal
shall be brought, by written application, filed by an interested party, to the Planning and
Zoning Coordinator within ten (10) days after the action of the Designated Official which
is the subject of the appeal. Enforcement of this Ordinance shall be stayed pending such
appeal. In hearing such appeals, the Planning and Zoning Commission shall review the
determination of the Designated Official and, in so doing, may consider whether or not
the regulations and standards of this Ordinance will, by reason of exceptional
circumstance or surroundings, constitute a practical difficulty or unnecessary hardship.
The Planning and Zoning Commission shall forward a recommendation to the Town
Council, who shall act on the subject of the appeal. A decision of the Town Council shall
be final.
SECTION 15.
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. 2002-25P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repeated 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. 2002-25P&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.
Page 13 of 16
SECTION 16.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting fence regulations which have
secured 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 17.
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 18.
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 hereof shall be fined, upon conviction, in an
amount not more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed
committed each day during or on which a violation occurs or continues.
SECTION 19.
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 20.
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 21.
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.
Page 14 of 16
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2"'
day of December, 2002.
/ f
ayor
Town of Trophy Club
ATT ST:
Town Secretary _
Town of Trophy Club ti a`+r f
[SEAL]
EFFECTIVE DATE: June 12, 2002
APPROVED A,TO� - RM:
J
T6w—n Attorney
Town of Trophy Club
Page 15 of 16
Exhibit "A"
TABLE 79011-A-CLASSIFICATI0N OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
(See Sections 7901.1.2 and 7901.4.3)
FLASH POINT (FARENHEIGHT)
BOILING POINT (FARENHEIGHT)
CLASSIFICATION'
0.556 x (t -F — 32) for °C
0.556 x (t -F -- 32) for °C
Class I
I -A
Less than 73 degrees
Less than 100 degrees
I -B
Less than 73 degrees
Greater than or equal to 100 degrees
I -C
Greater than or equal to 73 degrees and less
N/A
than 100 degrees
Class 11
Greater than or equal to 100 degrees and less
N/A
than 140 degrees
CIass III
III -A
Greater than or equal to 140 degrees and less
N/A
than 200 degrees
III -B
Greater than or equal to 200 degrees
N/A
Crude Petroleum I
Less than 150 degrees
NIA
NIA = Not applicable to classification.
'When heated, sprayed or mixed, Class II or III liquids can assume the characteristics of lower flash point liquids. Under such
conditions the appropriate provisions of Article 79 for the actual flash point shall apply. For construction requirements, see the
Building Code.
When flammable or combustible liquids present multiple hazards, all hazards shall be addressed. See Section 8001.1.3.
For the purpose of Article 79, unstable liquids shall be treated as Class I -A liquids.
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