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HomeMy WebLinkAboutOrdinances (O-07-1608)-02/20/2007 ORDINANCE 0-07-1608 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3.26.D FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS, OF THE LAND DEVELOPMENT CODE, BY ADDING A PARAGRAPH "C" REGARDING SECURITY GATING ENCROACHMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend certain portions of the Land Development Code regarding fence and free standing wall setback requirements to allow an encroachment beyond the front yard setback line for certain security gates; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3.26.0 Fence and Free Standing Wall Setback Requirements, Chapter 3 - Land Use, of the Land Development Code, is hereby amended to add a paragraph c regarding security gating encroachments to read as shown in the attached Exhibit "A". Sec. 2. THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. "1 Ordinance 0-07-1608 Page 2 of 2 Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Sec. 7. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ ~ day of ~~ 2007. The second reading and public hearing being conducted on the oL.t> 5t' day of ~aAj-2007. A2?l~~~ C;;:~E Cynthia Singleton, TRMC, CMC David Kelly - 0 City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ~ In. P:>1' Matthew C. G. Boyle City Attorney EXHIBIT "A" c. Security Gating Encroachments - A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4, The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. EXHIBIT "A" Front Yard Setback Line Dwelling Unit 10 F,le~Side Yard .- etback I I Line Property Line 20 F