HomeMy WebLinkAboutORD 1285 - ORD Relating to Fences, amending the Code of ORD & Declaring an Emergency
..1,H9
{.it -d r
Ordinance Number 1285
AN ORDINANCE RELATINGTQ FENCES; AMENDING THE CODE OF
ORDINANCES OF THE' CITY OF WEST 'UNIVERSITY PLACE, TEXAS;
CONTAINING RELATED FINDINGS AND 'PROVISIONS: AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY'COUNCIL 'OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS: ' ,
Secti on 1. Subsecti on (a). of' 'Secti on 6-343 of the Code of
Ordinances, City of West 'University Place, Texas, is hereby amended to
read in its entirety as follows:
'(a) No fence or 'wall fuay be constructed orreconstfucted on
the front portion of any bUilding site, except that this
restriction does not apply to low retaining walls, institutional
security fences, fences owned"by any'-'governmentaT entity or fences
or walls specifically required or allowed to be located in the
front portion ofa building site by any zoning ordinance of the
Gity. In this article:
".' .', ,.
(1)
"Frontportion" means 'the area of a building site
extending from 'the. front 'street line to a depth
equal to the depth of the front main wall of the
principal 'bui'lding'.''''The front street:line is the
common boundary between' the front line of a
building sitE!Jarid'the'street.'right of way. 'The
front mai n wall is the front':of the buil ding
,excllisive'of any porch' or. entranceway.
. . " :~:: ~?;,. j ." i'.
{2~"
(3)
"BuHdingl site"means' the' lot' or parcel occupied
by thE(principal building and any accessory
buildings, and it shall' have the samemeaning"given
to it in any zoni~~ ord.inal1ce of the City.
"Low retaining wall II means a wall designed and used
.' to' ho:l d earth:- or' silMl ar;.materi a 1, 'i n p'l ace" no' part
of: which' 'extendshigher[ than the ' highest naturally
occurring part of the ground in' the'front port'ion
'of thebuilding:>site"and no part of whiCh is
located outside of the building site.
\.~ .~ ~ ! ~ ('
,"1 !
. '. (4)
, '-j ." . ,) .-, I::..) : (~ , ;' " ":, c
,i'In'stHutionaF security fence" means,a" fence: whi ch
meets all of the following criteri a: (i) the fence
is located on a building site where there is a
f!
i
I
I
I '
,-------,'
::JI1lI'I:llliflrrrnm~~~----'--"'1IIJ!CJ1
,._--~-~-,-,~--~.~-----..,-------------,-"'lJ
170
building or group of buildings specially
constructed and used as an actual place of
religious worship (including any schools, parking
lots, parson'agesandotheraccessorybu i 1 dings) ;
(ii) ,thefe'nce fslocated along or generally
parallel to a major thoroughfare, and only along
side streets to the extent necessary to connect the
main portion of the fence to side fences, rear
fences'or bui'ldings; and (Hi) the fence is no
more than 50% opaque.
(5) "Major thoroughfare" means Kirby Drive,
Bissonnet Street or Bellaire (West Holcombe)
Boulevard.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or 'other' 'part 'of this ordinance or the application thereof to
any personorcircomstance; shall ever beheld to be invalid or
unconstitutional by any court of competent'jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or dtherpart.of'this ordinance to any
other personscir circumstances ,shallnot:be affected thereby.
Section 4~ The'CityCouncHofficially finds, determines and
declares that a sufficient. written notice of the date, hour, place and
subject of each, meeting at, which this ordinance was discussed,
considered.'oracted upon was given. in the manner required by the Open
Meetings Law, TEX. REV. CIV'.STAL ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof. '
Section 5. The public importance of this measure and the
requirements of the law create an emergency and an' urgent public
necessity requiring that this Ordirtancebe passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly .passed as an emergency measure and shall
take effe~t and be in force as soon as legally possible.
Section 6. This ordinance takes effect on the tenth day following
its publication, as required'by:Section'2'.12of the City Charter.
f\
I :
, !
i I
I I
U
n
u
n
[l
\--.. \
OF
APRIL 1987.
PASSED AND APPROVED ON FIRST AND FINAL READING THIS 6th DAY
,I
Councilmembers Voting Aye:'" 'MayOrParks,Councilmembers
Bryan, Schwartzel, Thompson
Councilmembers Voting No:
Cciunci 1 members Abserit :'
ATTEST:
Audrey Nichols
City Secretary
n
(SEAL)
ApprOved';as'to form:
. . l:
James L. Dougherty
City, Attorney
~ . t).
. '-'!'
r---..
I I ..
1nr:1
None
"', j'
CciuncilmemberHigley
Michael L. Parks, Mayor
"),"1
" II!
, 11
) ; II III 11'11 1'1111.'
171
~~~. ..