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HomeMy WebLinkAboutOrdinance No. 06/21 Front Yard Features ORDINANCE NO. 06/21 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 21-100(4)(b) TO REGULATE FEATURES ALLOWED IN THE REQUIRED FRONT YARD; 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 21-100 (4)(b), in part, as follows: "(b) Features in the Required Front Yard Except as provided in the following subparagraphs, no accessory structure, portable storage container, object, or appurtenance shall be permitted to be placed or maintained in a required front yard in a residential district in the City. i. ii. Freestanding columns, statuaries, bird baths, pedestals, and other art objects, constructed of permanent materials, provided that not more than four freestanding items shall be located within the required front yard of each platted lot and that the height of such items, including any light, lamp fixture or ornamentation mounted on top of a column, shall not exceed five feet (5') as measured from the natural grade, provided that residential lots larger than one acre and located in an SF -1 zoning district may have freestanding columns, including any light, lamp fixture, or other ornamentation mounted on top of the column, not exceeding eight feet (8') in height measured from natural grade. iii. iv. v. vi. vii. viii. One flag pole for each platted lot, provided that the height of the flag pole shall not exceed twenty-five feet (25') measured from the natural grade, set back a minimum distance equal to the height of the flag pole, measured at natural grade, from all adjoining property lines. The size of the flag shall be appropriate for the height of the flag pole, but shall in no event exceed twenty-four (24) square feet in area. ix. Not more than four items of yard art for each platted lot, not to exceed five feet (5') in height or twenty (20) cubic feet in volume for each item, and placed so as to be set back from all adjacent property lines a minimum distance equal to the height of the item of yard art. x. A lamp post that is not a freestanding column, is not more than six inches (6") in diameter, and is not more than eight feet (8') in height. xi. All items listed in this subsection as being allowed in a required front yard must be constructed of permanent materials approved by the community development manager." 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 22nd day of August 2006. CITY ATTORNEY (RLD/02/1 6/06)( 63904) (1i;Jv