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HomeMy WebLinkAboutOrdinance No. 08/34 Amending the Zoning Ordinance regulating gates for swimming pool enclosersORDINANCE NO. 08/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 28-111 (5) REGULATING GATES FOR SWIMMING POOL ENCLOSURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have afforded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION L That Section 28-111 (5) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended to read as follows: "Section 28-111 Swimming Pool Enclosures (5) All gates in a fence or wall enclosing a swimming pool, spa, or hot tub, and leading into the pool, spa, or hot tub area, shall be single type, personnel gates not exceeding forty-eight inches (48") in width, shall be shall be: i. equipped with self-closing and self-locking devices capable of keeping such gate securely closed and locked at all times; or ii. equipped with self-closing and self-latching devices installed on the gate at least fifty-four inches (54") above grade. Double gates, sliding gates, or automated gates across driveways or parking areas shall not be considered as meeting the requirements of this Section. ~, SECTION 2. Section AG 105 (8) of the International Residential Code for One- and Two-Family Dwellings and all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 17th day of June 2008. APPROVED: H. HOLIVIE$/III, MAYOR ATTEST: KAT SMITH, C Y SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ~iu.~io2izvos~(zssas~