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HomeMy WebLinkAboutOrdinance No. 06/15 Fence Requirements Side Yards 06/15 ORDINANCE NO. 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 (2) (a) TO PROVIDE FENCE REQUIREMENTS IN SIDE YARDS IN RESIDENTIAL DISTRICTS; 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 (2) (a), in part, by adding the following sentence: "(2) Side yard (a)... However, if the existing grade of the lot slopes toward the street in such a way that a retaining wall is necessary, the maximum height of the retaining wall and fence, in the side yard behind the front building line, shall not exceed ten feet (10') when measured from the adjacent grade on the street side, provided that the fence portion shall not exceed eight feet (8') in height." 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 All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed.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 66517 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 the 20th day of June 2006. ROVED ~~~ CITY ATTORNEY ! (RLD/04111/06)(65458) 66517