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HomeMy WebLinkAbout1537 06-25-2002ORDINANCE NO. 1537 AN ORDINANCE AMENDING SECTION 84 -363 ENTITLED (FENCE AND FREE STANDING WALL SET BACK REQUIREMENTS) OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, TO ESTABLISH MINIMUM FRONT YARD FENCE OR FREE STANDING WALL SET BACK REQUIREMENTS FOR PROPERTIES OF MORE THAN ONE HALF ACRE IN SIZE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, has heretofore established fence and free standing wall set back requirements within the city; and WHEREAS, the City Council desires to establish separate front yard fence and free standing wall set back requirements of properties in excess of one half acre; and WHEREAS, the City Council of the City of Euless, Texas, finds and determines that the following amended regulations will promote the health, safety and welfare of the citizens of the City of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 That Chapter 84, "Unified Development Code" of the Code of Ordinances, Section 84 -363, entitled "Fence and Free - Standing Wall Set Back Requirements," subsection (a) entitled "Front Yards," sub- paragraph (1) and sub - paragraph (2) (b) be and the same is hereby amended to hereafter be and read as follows: (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 -half acre in size. (2) b. Fences 36 inches or more above the finished grade of the lot shall not be more than 25 percent solid, and not less than 10 feet from the front property line. SECTION 2 Severability Clause. That it is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this 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. SECTION 3 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. SECTION 4 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 25th day of June, 2002, by a vote of 6 ayes, 1 nays and 0 abstentions. APPROVED: Mary Lib S h, Mayor ATTEST: Susan Crim, C�C, City Secretary APPROVED AS TO FORM: Bob Mc arland, City Attorney Ordinance No. 1537, Page 2 of 2