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HomeMy WebLinkAboutOrdinance No. 06/19 Fence Requirements ORDINANCE NO. 06/19 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 13-100 (1) TO REQUIRE A PERMIT FOR A FENCE; AMENDING SECTION 28-105 (1)(d) TO PROVIDE FENCE REQUIREMENTS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 11.106 (a) REGULATING WASTE COLLECTION; 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 13-100 (1), in part, as follows: "( 1) It shall be unlawful and an offense for any person, firm, or corporation to repair, replace, or construct any fence, wall, screen, or retaining wall or portion thereof in excess of twenty-five percent (25%) of the total fence length on anyone side on any lot in the City of University Park without having first obtained a fence permit therefor from the Building Inspection Department.. . . . . . " SECTION 2. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 28-105 (1) (d) to read as follows: "(d) Placement of Trash Receptacles on Private Property (1) A minimum eight feet (8') wide by three feet (3') deep inset for the storage and placement of approved trash receptacles on private property must be provided parallel to and abutting an alley. The inset is required to be provided when a new permit is issued for the installation of a new fence, or for the repair of an existing fence under Section 13.100 (1) of the Code of Ordinances. (2) Insets or other areas provided on private property for trash receptacles must be completely unobstructed and easily accessible for collection from an alley right-of-way. (3) Trash receptacles shall be placed on a level surface, which shall not be more than one foot (1') above the grade of the alley pavement, and which shall be completely on private property." SECTION 3. That Section 11.106 (a) of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: "( a) If the house, building, or premises from which the waste is to be collected and removed is adjacent to an alley, the waste receptacles shall be placed for collection on the abutting private property by the owner, occupant, tenant, or lessee of the premises." SECTION 4. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, the Code of Ordinances, 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 Code of Ordinances or Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 zoning offense, or five hundred dollars ($500.00) for any other offense hereunder, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately fi.om 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 15t day of August 2006.