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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 ~~~. ..