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HomeMy WebLinkAboutORD 2000-65 - Fences Secondary Front YardsORDINANCE NO. 4000 � 106 GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO REVISE PART EIGHT, REGARDING FENCE LOCATION TO ALLOW FENCES TO BE LOCATED IN SECONDARY FRONT YARD SETBACKS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; INCLUDING A PENALTY FOR VIOLATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance does not adequately address the pervasive community value to allow limited fence structures to be located within a secondary front yard area; and WHEREAS, this revision provides a means of allowing the construction of fences up to the property line of a secondary front yard setback within all districts of the City; and WHEREAS, this revision is being made to provide for a commonly held value that limited fence construction within the secondary front yard area should be permissable by "right" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 7.0 which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development"; I 2. Growth and Physical Development Policy 7.1 which states "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense" ; and 3. Housing Policy 10.0 which states "The City cooperates with builders, developers, and property owners to provide safe and adequate housing opportunities for all citizens"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Zoning Ordinance Revision - Fence in secondary front yard ordinance No. 47= Page 1 of 2 Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Exhibit A relating to the addition of regulations accessory dwelling units is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 6. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 14th day of November, 2000, PASSED AND APPROVED on Second Reading on the e day of November, 2000, ATTE T: Sandra D. Lee City Secretary ROVED AS TO FORM: Marianne Lan City Attorney Banks Zonina Ordinance Revision - Fence in secondary front yard Ordinance No. Page 2 of 2 CITY OF GEORG TOWN: An t,5� MARY ELLEN KERSCH Mayor Exhibit A Attached are the changes to the Zoning Ordinance that will be made with the adoption of this ordinance: Underlined text is new and will be added. -11M WIMN PART EIGHT: ACCESSORY USES AND BUILDING REGULATED 8.301 Fences may be constructed in accordance with the following provisions: 8.303 Fences less than or equal to three (3} feet in height shall be allowed in front yards. 8.307 In the case of corner lots. fences up to six (6) feet in height may be permitted ub to the property line of the secondary front yard. A ten (10) foot sight triangle for all driveways must be maintained between the corner lot and the adjacent lot, therefore interior lots adjacent to corner lots will not be allowed to construct a curb cut closer than ten (10) feet from the property line in common with the corner lot. For fences constructed prior to December 15. 2000. reconstruction of the fence up to the property line of the secondary front yard is permissible, provided it does not obstruct the site triangle of any adjacent interior lot. Exhibit A page #1