HomeMy WebLinkAboutOrdinance No. 07-1739
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. '1q;:j
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6, ARTICLE III, SECTION 6-75, "GENERAL STANDARDS",
SUBSECTION (e), TO PROVIDE A PROHIBITION FOR FENCE OR
WALL LOCATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 6, Article III, Section 6-75 of the Code of Ordinances currently
provides, in relevant part, for the prohibition of a fence or wall located within thirty (30') feet of the
street line or alley intersection; and
WHEREAS, the City also desires to prohibit such fence or wall within five (5') feet of a
driveway with an alley or street; and
WHEREAS, after discussion and consideration, the City Council has determined that it is
in the best interest of the City to amend Section 6-75 to provide for the prohibition for a fence or
wall in four distinct locations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 6, Article III, Section 6-75 "General Standards,"
Subsection (e) to provide for the prohibition for a fence or wall, which shall read as follows:
"ARTICLE III. GENERAL STANDARDS
Sec. 6-75. General Standards.
(e) A fence or wall shall not be located within sight visibility triangles
as follows:
1
TM 19696.76.000
1. At street intersections, a triangle with 30 foot sides starting at the
comer where two curb lines intersect and extending out away from
the comer for a distance of 30 feet where the two points will
intersect to make a triangle as depicted in the following graphic:
~
....
C/)
t
€
~
E
f
,
€
~ -.---
~
.,; ~
At Street Intersections
Permitted Fence
Location
!
I
I
i
'. ~
L. -. _.:...................Jl.......-......-.......--......~i.~_._..___
//
/
/
/
Sidewalk
CUlb line
Street
11, At intersections of alleys with streets, a triangle created from
extending from the back of the sidewalk a distance of 10 feet and
extending from the edge of pavement within the alley a distance of
10 feet and connecting the two points as depicted in the following
graphic:
,I
f....----- Property line
r
i
I
i
~r"'""" ~//
~ " ""
L - ~....,~-I!~..!..lI.~;DPMY.LinO'...!I..!..L.l..uv.J...!I..a.,..~.
10'FEE't
_ Permitted Fence
....-....
I Location
I
/
i
.
Edge of pavement
Adjoining
Property
4),
c::
:Ji
~
~
tt~ I
Alley
PropertyLJne
Sidewalk
~\1""d1J:~-:<j ~ri)fll eJ9'-=-
.:1 j.,J;:;c",e-tt (Y
i--.j!: k r~d':-'l'.;.I!{
Sidewalk
Street
Street
2
TM 19696.76.000
111. At intersections of driveways with streets, a triangle created
from extending from the back of the sidewalk a distance of 10 feet
and extending from the edge of driveway pavement a distance of
10 feet and connecting the two points as depicted in the following
graphic:
Intel section of Df! Je,o at .\ Ith ~~treet
Edge of pa\lement
Adjoining
Property
,
,
,
II,
:5'
~
~
0:'
I
Driveway
_Permitted Fence
-- / I Location
/ I
.........~ .
':.!.....:!! ...!....!..l:5;opert;/Lrnet .~..!.~..:... L' '"-" '.Jl.. $., Joo" LO..
1OFE"ET
Proper\yLine
f.,1>.~",i "d'l.
'JI i ,~:"~i',
,:1
Sidewalk
Sidewalk
Street
Street
IV. At intersections of driveways with alleys, a triangle created from
extending from the edge of alley pavement a distance of 5 feet and
extending from the edge of driveway pavement a distance of 5 feet
and connecting the two points as depicted in the following graphic:
Adjoining
Property
Driveway
I
I
!
I
I
!~
lc::'"",
.::1 ~
!~
18. Permitted Fence Permitted Fence
i~ Location Location
l. \.. Driveway. /
! ...,.,. / ..,/ II- I ..'...., )1
tu I I ", .... I w ,.... I ". ,
WI. ". .... I ~ w : .'.. I
u. I - - - ':,.~ .' I '" ~ ". ... . J
.n , ____... Plt>peItyb1~_._ _....1 I.() :'-,,- _. ..::... "vu...~.~'Pmpettyt.",.,..._
I _ of Aile _ _ i _ _ .... _ Edoe of Alley
5 FEET avement 5 FEET I 5 FEET Pavement
Intersect'on of Dr Ive:. ay .\ Ith Alley
.----
...........~,----
Alley
C. ~::'~ [
Alley
: l,,:'"
"1:.':, 1.<,1
3
TM 19696.76.000
"
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances 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 it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense, Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 1st day of October. 2007.
~
@A 9~~~,
~ / .".'"'(';~
('o;'" . ". ',~
Il '-).' ,,'(,~.
~ I.J.J . ,~.,
- ::r:.: : 0 r:.~. 1\ ~ ~ ~',
l-~ U~nk :
APPROVJ~S TO FORM:
tf~/
Robert E. Hager, C~' ttomey
(REH/cdb 09/0 /07)
4
TM 19696.76.000