HomeMy WebLinkAboutOrdinance No. 05 43 Fence Requirements SMU
ORDINANCE NO.
05/43
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 28-107 TO PROVIDE
FENCE REQUIREMENTS IN THE UC, 0, GR, RC, SC, AND PD DISTRICTS;
REPEALING 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 ofthe 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 afforded a full and fair hearing to all
property owners generally, and the City Council of the City of University Park is of the opinion 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, be, and the same is hereby, amended by amending Section 28-107 to read as follows:
"28-107 FENCE REQUIREMENTS IN THE UC, 0, GR, RC, SC, C, AND PD
DISTRICTS
No fence shall be constructed in a UC, 0, CR, RC, SC, C, or PD Zoning District:
(1) At a height exceeding seven feet (7') in the rear or side yards of the property,
except that on a lot exceeding 22,000 square feet in area, located in a DC 2 or DC
3 district, and used primarily for residential purposes, a fence not exceeding eight
feet (8') in height may be erected in a side or rear yard; or
(2) In a front yard, in front of the front wall of the main building."
SECTION 2. That all ordinances in conflict with the provisions of this ordinance or the
Comprehensive Zoning Ordinance as amended hereby are hereby repealed.
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SECTION 3. That should any 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 or
the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the
part decided to be unconstitutional, illegal or invalid.
SECTION 4. That any person, firm or corporation violating any ofthe provisions or terms
of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to
the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University
Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall
be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense,
and each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 5. That 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 13th
day of December 2005.
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