HomeMy WebLinkAbout1519 01-22-2002ORDINANCE NO. 1519
AN ORDINANCE AMENDING SECTION 84 -363 "FENCE AND FREE
STANDING WALL SETBACK REQUIREMENTS: OF ARTICLE VII
"LANDSCAPING, FENCES, WALLS, SCREENING AND OUTDOOR
STORAGE REQUIREMENTS" OF CHAPTER 84 "UNIFIED
DEVELOPMENT CODE" OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, AS AMENDED; CREATING AN
EXCEPTION TO ALLOW FENCES OR WALLS TO PROJECT INTO
REQUIRED FRONT YARDS ON RESIDENTIALLY ZONED LOTS
GREATER THAN ONE ACRE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the Unified Development Code of the City of Euless, Texas, prohibits
fences or free standing walls greater than 36 inches in height from extending into the
required front yard of any property zoned for one- or two- family dwellings, and
WHEREAS, the City's experience under this ordinance has indicated that lots greater
than one acre in size which are zoned for one- or two - family dwellings should be
allowed to have fences projecting into the front yard, as long as fences or walls 36
inches or more above finished grade contain not more than 25 percent visually solid
material; and
WHEREAS, THE City Council of the City of Euless, Texas finds and determines that the
additional exception to be allowed by this ordinance amendment will serve the best
interests and the general welfare of the citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE CITY OF EULESS, TEXAS:
That Subsection (a) "Front yards." of Sec. 84 -363. "Fence and free standing wall
setback requirements" of Article VII, "Landscaping, Fences, Walls, Screening and
Outdoor Storage Requirements of Chapter 84 "UNIFIED DEVELOPMENT CODE" of
the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended
to hereafter be and read as follows.
Sec. 84 -363. Fence and free standing wall setback requirements.
(a) Front Yards
(1) No fence or free standing wall greater than 36 inches in height shall
extend into the required front yard of property zoned for one or two -
family dwellings on a lot less than one -acre in size.
(2) Decorative fencing or security fencing may extend into the required
front yard of all other property meeting the following requirements:
a. The property shall be zoned for one or two- family dwellings
on a lot one -acre or more in size, or commercial, or multi-
family.
b. Fences 36 inches or more above the finished grade of the lot
shall not be more than 25 percent solid.
C. The primary fencing material shall be of wrought iron,
exposed aggregate tilt wall, fired masonry, approved wood
rail construction or other material approved by the city
building official. (For example see Appendix "A ".)
Severability Clause. That it is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of the ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such invalid or unconstitutional phrase, clause, sentence,
paragraph or section.
Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular
meeting of the Euless City Council on the 22nd day of January, 2002; by a vote of
6 ayes, 0 nays and 0 abstentions.
ORDINANCE NO. 1519, PAGE 2 OF 3
APPROVED:
fry
Mary Lib Saleh, Mayor
ATTEST:
Susa Crim, (� C, City Secretary
APPROVED AS TO FORM:
ob McFarland, C*vyAttornevy
ORDINANCE NO. 1519, PAGE 3 OF 3