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HomeMy WebLinkAboutOrdinance No. 11/18 Allow Fence Heights of 10 ft in Certain Conditions ORDINANCE NO. 11/18 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 28-105 IN PART TO PERMIT FENCES UP TO TEN FEET (10') IN HEIGHT IN REAR YARD UNDER CERTAIN CONDITIONS; 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 forwarded 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 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 28-105 (1) in part to add subsection (c) as follows: "Section 28-105 Fence Requirements in the SF, SF-A, D, and MF Districts (1)... (c) Where the existing grade of a lot slopes toward the abutting alley in such a way that a retaining wall is necessary for construction of a new fence, the maximum height of the retaining wall and fence located in the rear yard shall not exceed ten feet (10') in height when measured from the abutting grade on the alley side, provided the fence portion shall not exceed eight feet (8') in height. Building up the surface of a lot in an attempt to change the grade to justify the necessity for a retaining wall is prohibited. " SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on ~711 day of SE:PTEMeGe the 2011. APPROVED: u../~~ W. RICHARD DAVIS, MAYOR ATTEST: ~f~~ CITY ATTORNEY (RLD/08/1 0111 )(50662)