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.
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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with the provisions of this ordinance are hereby repealed to the extent of such conflict.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
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