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HomeMy WebLinkAboutOrdinance No. 07/20 Front Yard Exception ORDINANCE NO. 07/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SECTION 28-106 (a) TO PROVIDE FOR SPECIAL EXCEPTION FOR A FRONT YARD FENCE IN THE SF-2 DISTRICT; 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 adding Section 28-106 (a), to read as follows: "Section 28-106 Special Exception for a Front Yard Fence in the SF-2 District After notice and public hearing, a special exception may be granted by the Board of Adjustment to allow a fence in the required front yard of property in an SF-2 Zoning District where the property is adjacent to and facing the Dallas Country Club, if: (1) The propelty is at least one-third (1/3) of an acre or greater in size; (2) The Board believes such special exception will not be contrary to thc public interest, and: (3) A site plan has been filed with an application for a special exception, containing the following, at a minimum: (a) A layout of the fence on the property, including all gates; (b) A description of the fence, containing the following, at a m111lmum: 1. That the fence will be constructed of \vrought iron 11. That the fence will not exceed eight feet (8') in height above grade at any point, including gates; 111. That the fence will be constructed with openings of not less than seventy-five percent (75%) of the total area of the fence; IV. That the fence will be dark in color, either black or dark green; and v. Written approval of the design of the gates in the fence by the University Park Fire Department, which design shall include a plan for access to the property through such gates in the event of fire or other emergency." 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 the 19 day of June 2007. ~ifOWPJJ CITY ATTORNEY (RLD/OJ/20107)(I3136)