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:
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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
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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
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DDC #: 196800
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May r, Town of Trophy lub, Texas