HomeMy WebLinkAboutORD 1244 - ORD to Amend Code of ORD Adding a Section to Article VIII
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ORDINANCE NUMBER 1244
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF WEST UNIVERSITY
PLACE, TEXAS, BY ADDING A SECTION TO
BE NUMBERED ARTICLE VIII, CHAPTER
SIX (6), BEING AN ORDINANCE REGULATING
THE INSTALLATION AND PLACEMENT
OF PARABOLIC -OR DISH-TYPE ANTENNAE~
PROVIDING A SEVERABILITY CLAUSE~
PROVIDING A PENALTY CLAUSE~ AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of West University Place,
Texas, has become aware of the availabili ty for residential use of
parabolic or Dish-Type antennae~ and
WHEREAS, it is the desire of City Council to both permit
reasonable use by property owners of their property and to protect the
rights of other property owners~ and
WHEREAS, City Council has determined that it will not prohibit the
use of such Parabolic or Dish-Type Antennae, but will permit their use
subject to reasonable regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the Code of Ordinances of the City of West
University Place, Texas, is hereby amended to add the following:
"ARTICLE VIII, CHAPTER 6
PARABOLIC OR DISH-TYPE ANTENNAE:
Section 6.301. Definition. That the definition of Parabolic
or Dish-Type Antennae shall be: A device commonly parabolic in
shape, for the purpose of capturing television, radio o'r microwave
signals transmitted via satellite communications facilities. Said
devices are herein defined as a structure as defined in the City's
Zoning Ordinance, Ordinance Number III as amended.
Section 6.302. Parabolic or Dish-Type Antennae may be
located within the City of West University Place, Texas, subject
to the following regulations:
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(1) No Parabolic or Dish-type Antenna shall be erected,
constructed, altered or maintained on any lot within the City
of West University Place without first obtaining a permit for
same from the City. Permit applications shall be to the City
of West University Place Inspection Department, with plans
for the installation of same showing compliance with all set
back and other requirements of the City. The fee for such
permit shall be in accordance with the building fee schedule
as adopted by the City.
(2) All Parabolic or Dish-Type Antennae located outside
a building shall meet the following requirements:
a. Maximum number per residential lot shall be
one (1).
b. A Parabolic _or Dish-Type Antenna may not be
located in a front yard or side yard, as such
terms are defined in Section 2 of the Zoning
Ordinance.
c.
Each Parabolic or Dish-Type Antenna shall be
screened by a eight (8) foot high wood or
masonrY fence or by natural plants or trees of
equal height, as such terms are defined in
Section 2 of the Zoning. Ordinance to provide
maximum screening.'
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d. Parabolic or Dish-TypeAntennae may not be roof
. mounted and mus.t be mounted on a ground-level
pedestal. .
e. Parabolic or Dish~Type Antennae may not be
linked to receivers which are not located on
the same lot.
(3) parabolic or Dish-Type Antennae shall be located in
the rear yard, as defined in the Zoning Ordinance, and behind
the principal dwelling or structure located on the lot; shall
be located so that however turned or otherwise used, all
parts of the Antennae will be set back'at least five (5) feet
from the side lot lines; and shall .be set back from the rear
lot lines no less than five (5) feet or one-half (1/2) the
depth of the rear yard, whichever is greater.
(4) The height of the parabolic or Dish-Type Antennae,
if turned perpendicular to the ground, may not extend above
fifteen (15) feet from natural grade. The maximum diameter
of any Parabolic or Dish-Type Antenna shall not exceed twelve
(12) feet.
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Section 6.303.
(1) In addition to the penalties provided in Section
6.305, any violation of this Ordinance is hereby declared to
be a nuisance. In addi tion to any other relief provided by
this Ordinance, the city attorney, or anyone acting on his
own behalf, may apply to a court of competent jurisdiction
for an injunction to prohibit the continuation of any
violation of this Ordinance. Such application for relief may
include seeking an injunction or other available relief.
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(2) It shall be an affirmative defense in any
enforcement action under this Article that the particular
Parabolic or Dish-Type Antenna in question was at all times
constructed and maintained in strict conformity with a
special permit issued by Zoning Board of Adjustment. Persons
desiring such a permit must apply in writing to said board,
and the board may 'only issue such a permit if the antenna
would be of virtually no utility if constructed in accordance
with the other provisions of this Article. The board shall
be authorized to grant such permits, and the board may
include special conditions in such permits, but the board
shall always endeavor to uphold the purpose and the intent of
the other provisions of this Article.
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Section 6.304. Severabili ty Clause. That if any section,
part of a section or provision of any section of this Ordinance
shall be held to be void, ineffective, or unconstitutional, for
any reason whatsoever, shall in no way affect the validity of the
remaining sections and provisions of this Ordinance which shall
remain in full force and effect.
Section 6.305. Penalty Clause. That any person, firm or
corporation violating any of the provisions of this Ordinance
shall be subject to a fine of $100.00 for each day the violation
continues. Any fine for violation of this section, shall be
calculated from the sixth day following notice by the City to the
owner of the violation."
Section 2. That this Ordinance shall become effective and be in
full force and effect from the date of final passage.
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PASSED AND APPROVED ON FIRST READING this 23rd day of
September , 1985'.
PASSED AND APPROVED ON SECOND READING this 28th day of
October , 1985.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings ~nd
Schwartze1
None
None
Councilmembers Voting No:
Councilmembers Absent:
Michael L. Parks
Mayor
ATTEST:
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Audrey Nichols
City Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty, Jr.
City Attorney
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