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