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ORD 2020-19 Lot Increase Authority TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2020-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 3.02.002 AUTHORITY, OF ARTICLE 3.02 BUILDING OFFICIAL, OF CHAPTER 3 BUILDING REGULATIONS, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO GIVE THE BUILDING OFFICIAL THE AUTHORITY TO APPROVE UP TO A FIVE PERCENT INCREASE IN LOT COVERAGE; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR 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 FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the authority of the Building Official is adopted via Ordinance and codified in Chapter 3 of the Trophy Club Code of Ordinances; and WHEREAS, the Town desires to give the Building Official the authority to approve up to a five percent increase in lot coverage for the benefit of residents, applicants, Town staff, and Town elected and appointed officials; and WHEREAS, after due deliberations and consideration, the Town Council has concluded that the adoption of this Ordinance, as further specified herein, is in the best interests of the Town of Trophy Club, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Section 3.02.002 Authority, of Article 3.02 Building Official, of Chapter 3 Building Regulations, of the Town of Trophy Club Code of Ordinances is hereby amended as follows and all other sections not expressly mentioned hereafter shall remain the same: "CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.02 BUILDING OFFICIAL Section 3.02.002 Authority The building official and/or code enforcement officer so appointed shall have the power and authority to enforce the town building, electrical and mechanical codes, the town building code standards, the town code for the abatement of dangerous structures, the town housing code, and all other codes, ordinances and regulations of the town which concern building, construction, housing or other development activities. The building official and/or code enforcement officer shall have such other authority for administration and enforcement of town ordinances and regulations as adopted via town ordinance or as otherwise directed by the town manager or designee. The building official shall have the authority to approve up to a five percent(5%) increase over the maximum lot coverage in both straight-zoned and planned development districts." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION S. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. 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 upon each day during or on which a violation occurs or continues. ORD 2020-19 Page 2 of 3 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. EFFECTIVE DATE This Ordinance shall take effect on October 27, 2020 in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 27th day of October 2020. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: l icia Vacek, TRMC/CMC/MMC Town Secretary/RMO Town of Trophy Club, Texas APP VE O AS FORM: J. D itf Dodd III, Town Attorney To1v of Trophy Club, Texas ORD 2020-19 Page 3 of 3