HomeMy WebLinkAboutOrdinance No. 04-1580
CITY OF THE COLONY, TEXAS
ORDINANCE NO Ot.. .-/~lJo
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 6, SECTION 6-71 TO REQUIRE A PERMIT FOR
THE REPAIR OF A FENCE WHEN THE REPAIR IS GREATER THAN
FIFTY PERCENT OF THE PERIMETER OF AN EXISTING FENCE;
AND BY AMENDING SECTION 6-75 TO IDENTIFY THE TYPES OF
MATERIALS PERMITTED FOR THE CONSTRUCTION OF A REAR
YARD FENCE; PROVIDING A SAVING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY UPON
CONVICTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has been determined that it is in the best interest of the City to
require a permit for any person that constructs a new fence or conducts repairs on an
existing fence when such repairs exceed fifty percent of the total perimeter of the existing
fence; and
WHEREAS, to protect the health, safety and welfare of the citizens of The
Colony the City desires to regulate the types of material that may be used in the
construction of a rear yard fence; and
WHEREAS, after due deliberation and consideration, the City Council of the city
of The Colony finds that it is in the best interest to require a permit for repairs to a fence
that exceed fifty percent of the total perimeter of the existing fence and to regulate the
types of material to be used in the construction of a rear yard fence.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That The Colony Code of Ordinances be, and the same is, hereby
amended by amending Chapter 6, Section 6-71 to read as follows:
"Sec. 6-71. Permit-Required.
It shall be unlawful for any person to construct or have constructed, any type of
fence, or any part of a fence, without first having secured a permit from the City,
provided however, a permit shall not be required to repair an existing fence. Repair shall
mean the construction, repair or replacement of fifty percent (50%) or less of the
perimeter of an existing fence."
66913
SECTION 2. That The Colony Code of Ordinances be, and the same is, hereby
amended by amending Section 6-75 by adding subsection (1) to provide for the types of
materials permitted for the construction of a rear yard fence, which shall read as follows:
"Sec. 6-75. Yard, frontage regulations.
(a) Rear yard requirements: It shall be unlawful to erect a fence at a height exceeding
eight (8) feet in any rear yard or along any rear yard lot line. Where driveways
connect to alleys in commercial, industrial and residential areas, fences shall only
be constructed along the rear lot line of any lot to within five (5) feet of a point
where the driveway would intersect the alley pavement at ninety (90) degrees.
Fences to be constructed along any driveway or perpendicular to alleys shall not
be constructed within five (5) feet of the rear lot line or alley easement line.
(1) Fences shall be constructed of wood, bricks, wrought iron, chain link,
vinyl, concrete cinder blocks or similar cementitous materials.
"
. . . .
SECTION 3. That all ordinances of the City of The Colony in conflict with the
provisions of this ordinance be and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 4. It is unlawful for any person to violate any provision of this
ordinance, and any person violating or failing to comply with any provision hereof shall
be fined, upon conviction, in an amount not more than five hundred dollars ($500.00),
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 5. Chapter 6 of the Code of Ordinances of the City of The Colony, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 6. The sections, paragraphs, sentences, phrases, clauses and words of
this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this ordinance or application thereof to any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City Council hereby declares
that it would have passed such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
66913
SECTION 7. This ordinance shall become effective from and after its adoption
and publication as provided by law.
PASSED AND APP~bY the City Council of the City of The Colony,
Texas this the ~ day of ' :..t.....-t~ ' 2004.
APPROVED:
Dillard, Mayor
of The Colony, Texas
?1
' ~ -"-L L~ ~<t;'--
Christie Wilson, City Secretary
66913