HomeMy WebLinkAbout02122009 ZPC Agenda Item 6
In Section 82-1 of the Code of Ordinances, delete the
existing definition of "visibility triangle"
and insert the following new definitions
(to be inserted in alphabetical order with the others):
Driveway visibility triangle means the area within a triangle beginning at the intersection
of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the
roadway). From the intersection point, the first side of the triangle extends five feet inward
(away from the roadway) along the edge of the driveway, the second side of the triangle extends
five feet along the edge of the sidewalk away from the driveway, and the third side is a straight
line connecting the extended ends of the first two sides. If there is no sidewalk, the building
official shall designate the probable location of a future sidewalk, which shall then be used as if
it were an existing sidewalk. A typical driveway will have two such triangles, one on each side.
The visibility triangle may include both public and private property. The building official may
prepare example diagrams showing driveway visibility triangles.
Fence-like hedge means a linear arrangement of trees, shrubs or bushes with branches or
foliage overlapping or touching within eight feet of the ground. The arrangement can be a single
or double line, straight or curved.
Front yard visibility area includes the front yard of each site, except for the part within
ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the
"building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard
is twenty feet deep, the front yard visibility area is ten feet deep. The building official may
prepare example diagrams showing front yard visibility areas.
Street visibility triangle means the area at a street corner lying within a triangular area
beginning at the intersection point of the curbs of the two streets forming the corner (which will
normally be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along
each curb line (away from the intersection point, following any curves in the curb). The third
side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no
curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may
include both public and private property. The building official may prepare example diagrams
showing street visibility triangles.
Visibility area includes a street visibility triangle, a driveway visibility triangle and front-
yard visibility area.
Visibility triangle includes a street visibility triangle and a driveway visibility triangle.
Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway
visibility triangle" and amending the definition of "visibility triangle," as follows:
Driveway, visibility, triangke means the afea within a tfiangle beginning a4 the pfeeise i-mefseetion point of the edge of a dfiveway and the inside edge of a sidewalk the-edge
I
farthest ffem the madway). Fr-em the inter-seefien point, the first side of the tfiangle e3aeflds five
feet inwafd (away ffom the madway) along the edge of the dFiveway, the seeend side of the
tfiangle extends five feet along the edge of the sidewalk away ftofn the driveway, and the thifd
sidewalk,
side is a stfaight line eonneeting the extended ends of the fif st two sides. if thefe is He triangles,
the administfative effieial shall designate the pfobable leeation of a futufe sidewalk, whieh shall
then be used as if it we sidewalk. A typieal df iveway will have two stieh one on eaeh side. Stieh trian"Ies include areas within, and not within, a building site. AM
part hereof
Visibility triangle. This term includes both "driveway visibility triangle" ate= I
this Ofdinanee and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances.
Amend both pages of Table 7-5a of the Zoning Ordinance as follows:
Visibility The following are f r-bid en pafts of building
triangles Forbidden site within -av isibility triangle: stmetures-plants e
-See structures, athef things taller than 2.0 ft. or- shof er-+t,a 8.0 f
definitions plants and This a°° r° al of t stenee
in Affiele other things itily 1, 1992, ~ He See Chapter 82 of the
2-- Code of Ordinances.
Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows:
Note 8. Fences. Fences may project into front and side yards to the extent expressly required or
authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring
front fences for temporary construction purposes and to screen nonresidential uses; provisions in
PDD schedules for front fences). Also in the Code of Ordinances, there are: (i requirements for
emergency portals in fences (Chapter 18) and (ii) restrictions on fences. "fence-like hed esg ' and
other things in visibility areas (Chapter-82). -In a QIVIDS low fences (3.5 feet or lower) may be
located anywhere, if made of ornamental metal or white pickets.
Fence-like hedge means a linear arrangement of trees, shrubs or bushes with branches or
foliage overlapping or touching within eight feet of the ground. The arrangement can be a single
or line, straight or curved.
~ ;PI ~
Front-yard visibility area includes the front yard of each site, except for the part within
ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the
"building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard
is twenty feet deep, the front yard visibility area is ten feet deep. The building official may
prepare example diagrams showing front yard visibility areas.
Street visibility triangle means the area at a street corner lying within a triangular area
beginning at the intersection point of the curbs of the two streets forming the corner (which will
normally be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along
each curb line (away from the intersection point, following any curves in the curb). The third
side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no
curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may
include both public and private property. The building official may prepare example diagrams
showing street visibility triangles.
Visibility area includes a street visibility triangle, a driveway visibility triangle and front-
yard visibility area.
Visibility triangle includes a street visibility triangle and a driveway visibility triangle.
Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway
visibility triangle" and amending the definition of "visibility triangle," as follows:
Visibility triangle. This term includes both "driveway visibility triangle" and "street
visibility triangle" as defined in Chapter 82 of the Code of Ordinances.
Amend both pages of Table 7-5a of the Zoning Ordinance as follows:
Visibility Forbidden structures, plants and See Chapter 82 of the Code of
triangles other things Ordinances.
I
Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows:
Note 8. Fences. Fences may project into front and side yards to the extent expressly required or
authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring
front fences for temporary construction purposes and to screen nonresidential uses; provisions in
PDD schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for
• •
emergency portals in fences (Chapter 18) and (ii) restrictions on fences, "fence-like hedges" and
other things in visibility areas (Chapter 82). In a QMDS low fences (3.5 feet or lower) may be
located anywhere, if made of ornamental metal or white pickets.
• 0
City of West University Place
Harris County, Texas
Ordinance No.
AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A
PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
REGARDING FENCES, VISIBILITY AND EMERGENCY ACCESS;
PRESCRIBING PROCEDURES AND NOTICES; CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT;
AND DECLARING AN EMERGENCY.
WHEREAS, the Zoning and Planning Commission ("Z&PC") of the City of West
University Place, Texas ("City") has submitted a preliminary report on a proposal to
amend the comprehensive zoning ordinance of the City, as last reformatted and re-
adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter
("Zoning Ordinance"); and
WHEREAS, the preliminary report also proposes amendments to the Code of
Ordinances of the City; and
WHEREAS, the Z&PC's preliminary report is attached to this ordinance as
Exhibit A and made a part of this ordinance by reference; and
WHEREAS, the City Council desires to call a joint public hearing on such
proposal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. The City Council hereby calls a joint public hearing before the City
Council and Z&PC on the proposal described in Exhibit A. Unless rescheduled, the
hearing shall be held in the Council Chamber of the Municipal Building, 3800 University
Boulevard, West University Place, Texas 77005 during the City Council meeting set to
begin at 6:30 p.m. on . The hearing may be recessed and continued
to the City Council meeting set to begin at 6:30 p.m. on at the same
place, unless rescheduled. The City Manger may reschedule either date and time, or
both, to accommodate other pending matters, but the rescheduled date(s) and time(s)
may not be later than 30 days past the later of the two dates set by this ordinance.
Section 2. The purpose for the hearing is to provide an opportunity for parties in
interest and citizens to be heard in relation to the proposal described in Exhibit A
Section 3. The procedures for adoption of the proposal shall be as follows: (1)
notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report
by the Z&PC, and (4) vote by the City Council on the question of adoption. The
procedures for enforcing the proposal shall be as set out in the existing Zoning
Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitted
to the Z&PC for its consideration.
Section 4. The City Secretary shall give notice of such hearing as prescribed by
this section. The notice shall be in substantially the form set out in Exhibit B, which is
attached and made a part of this ordinance by reference. The notice shall be published
in the City's official newspaper (or another newspaper of general circulation in the City)
at least once on or before the 16th day preceding the date of the hearing. In addition,
the notice shall be mailed to the persons on the mailing list for the City Currents
newsletter. The notices shall be deposited in the United States mail on or before ninth
day preceding the date of the hearing, properly addressed with postage prepaid. The
notices may be included within the newsletter, or with utility bills or may be separate.
The City Council specifically approves giving combined notice of two or more hearings
in a single notice document, as this would save money and also provide better
information about the full scope of possible amendments to all interested persons.
Section 5. The City staff is authorized to make all necessary arrangements for
the hearing and to assist the Zoning and Planning Commission and the City Council.
Section 6. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance, or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this ordinance to any other persons or circumstances
shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of the conflict only.
Section 7. The City Council officially finds, determines and declares that
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, Chapter 551, Texas Government Code, as
amended, and that such meeting has been open to the public as required by law at all
times during such discussion, consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and posting thereof.
Section 8. Because the proposal to amend the Zoning Ordinance is vitally
important and should be considered at the earliest possible date, a state of emergency
is declared requiring that this ordinance be read and adopted finally at this meeting.
Accordingly, this ordinance shall be adopted finally on first reading and shall become
effective immediately upon adoption and signature.
PASSED, APPROVED, ADOPTED AND SIGNED on , 20
Attest/Seal: Signed:
City Secretary Mayor
Recommended: Prepared:
City Manager James L. Dougherty, Jr.
Approved as to legal form:
City Attorney
forms/ORD 54 o calling zoning hearing 7-06
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Exhibit A
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas 77005
February 12, 2009
Honorable Mayor &
Members of the City Council
City of West University Place
3808 University Boulevard
Houston, Texas 77005
Subject: Preliminary report on a proposal to amend the
Zoning Ordinance and Code of Ordinances of the
City of West University Place, Texas ("City")
relating to FENCES, VISIBILITY AND EMERGENCY
ACCESS
To the Honorable Mayor
& Members of City Council:
The Zoning & Planning Commission of the City submits this,
its preliminary report, on the subject proposal, for the
assistance of the Council as well as other interested persons.
Scope of Proposal. This proposal amends Chapter 18 of the
Code of Ordinances to require "emergency portals" in fences,
walls and other obstructions. The main purpose is to allow
access to all sides of each building within the City, so that
firefighters and emergency personnel can enter the building,
place ladders, fight fires, etc. Emergency portals could be:
(i) gates or doors with key boxes allowed by the International
Fire Code, or (ii) breachable gates or fence segments (usually
wood or wrought iron). This proposal maintains some access to
utility easements where they intersect streets by requiring one
such portal in the easement area (this would most often apply at
the rear of corner lot).
Existing ordinances restrict fences, trees and other
obstructions in so-called "visibility triangles." There are two
types. The larger type (with 20-foot sides) is located where
two streets intersect. The smaller type (with five-foot sides)
is located where a driveway and a sidewalk intersect. The
restrictions for each type are different, and they are found in
different ordinances. This proposal consolidates the rules for
both types into Chapter 82 of the Code of ordinances, and it
harmonizes them. The proposal defines a new "front yard
visibility area" and restricts "fence-like hedges" in that area.
There are conforming amendments for the Zoning Ordinance,
including amendments of definitions and cross-references to the
new provisions in Chapters 18 and 82 of the Code of Ordinances.
The exact wording of the proposal is attached. The
Commission believes that this proposal would enhance public
safety and help protect visibility and "streetscapes" in the
City's neighborhoods.
Preliminary Recommendation. Based on the limited review
given this matter so far, and subject to further review
following public hearing, the Commission: (i) finds that the
proposal, if adopted, would be in the public interest, (ii)
makes a preliminary recommendation favorable to the proposal,
(ii) recommends that the City Council call a joint public
hearing to consider this matter. The Commission invites all
interested persons to participate in the joint public hearing.
The Vote. The vote on approval of this report was as
follows: Commissioners voted
"aye;" no "noes;" absent.
Respectfully submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
For the Commission
l
Proposal relating to
fences, visibility and
emergency access
2-10-09
Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows:
Sec. 18-208. Deuce-Emergency portals; visibility areasgate:
(a) Generally • location. The primary purpose of this subsection is provide access to all
sides of each building so that firefighters and emergency personnel can enter the building, place
ladders fight fires etc. If such access is blocked by fences walls or other obstructions, there
must at least two emergency portals and they must be located to allow access to the sides and
rear of the building, as follows:
(1) Usually there must be one portal on each side of the building fcing the
front street line but on corner sites one may face the side street line.
(2) If there is a fully or partially-enclosed utility easement that intersects a
street area adjacent to the site there must be an emergency portal to allow
emergency access to the easement area from the street area.
(b) Allowed types of portals An emergency portal may be either: (i) agate or door with
a key box complying ith the International Fire Code (see §506.1 , or (ii) a breathable fence
segment or gate. A segment or gate is "breathable" if it is primarily made of wood or wood
substitute (not thicker than one inch, in either case) or wrought iron.
(c) Certain existing obstructions. Until May 1, 2014, it is an affirmative defense to
prosecution for lack of emergency portals that: (i) existing fences walls or other obstructions
blocked the required access on May 1 2009, and (ii) they were not replaced or structurally
altered thereafter.
(d) Visibilith areas Fences walls and other things are forbidden. in certain. visibility
areas. See Chapter 82 of this Code.
with a mi ing of 30 inehes must be built fef ingress and egress into the easement.
area.
dews.
Sec. 18-210. Masonry construction.
Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced
concrete, and must be built according to the following specifications:
(1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified
clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be
only of brick or monolithic reinforced concrete construction.
(2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall
be placed in the whole fence.
(3) Expansion joints shall be placed on not more than 24-foot centers.
(4) The fence shall have a foundation which shall rest on drilled footings sunk to approved
bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall
have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not
less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths-
inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers.
(5) A gate with . . )pening of 30 inehes must be built for- ingress and egress ipAe-a"
publie ease . _ t. Emergency portals may be required; see above
Amend Section 82-7 of the Code of Ordinances as follows:
Sec. 82-7. Visibility4ridngles areas; trees, hedges, etc.
(a) Obstructions prohibited Obstructions are prohibited in visibility areas as indicated in
the following able:
Area Obstructions t)rohihited Point for vertical
measurement
I~II~C1~_a~ yrsibilit~ _1i)y p rtot a le.ycc, ~~a11_ GI_0LWd level at the
triu~, les plant or other t ilimL above base of the
three feet, ?bstrucdon
V) 1'rorrttrd visibilit ~ r) teilcc-like hcd u .with Ground level at the
areas _br~ulches_or l_cil iaLe above hose of the
c acct and hclo«- eeiLht feet. obstruction
Street visibility hrce branches or 1'61MLe Nearest ed,(,(; of
triall-Ics hclok4 clghL feet and any part ro_ad,,Nav pavement
of mother. plant above i.hree or guttet
lest.
(b) Conduct unlalti;ful. It shall be unlawful for any person tom plant, grow, construct,
install or maintain any obstruction prohibited by this section or (ii) allow any such obstruction
on property the person owns or controls plant, exeept a tree, within a visibility triangle, if
plarA . will. height than three feet abeve the stfeet g~ttter- flow I
it shall be unlawfid for- --no, -1-
feliage within ei: abov . .1 I -Hangle a4 a heigh4 le-wer- than 15 feet above the stFeet gut4e
flow line. 14 is pr-esttmed that a per-son who owns or- eentrels real pr-eperty within the eit
maintains all. trees and plants on that pr-epeFty. The eity may enter- a visibility tfiangle an
.t-emeve gfewths prohibited by this seetien, and there shall be me liability to others for- taking e
not taking sueh aetion.
(c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway
visibility area that the tree was planted before July 1 1992 and has no limbs or foliage below six
feet.
In Section 82-1 of the Code of Ordinances, delete the
existing definition of "visibility triangle"
and insert the following new definitions
(to be inserted in alphabetical order with the others):
Driveway visibility triangle means the area within a triangle beginning at the intersection
of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the
roadway). From the intersection point, the first side of the triangle extends five feet inward
(away from the roadway) along the edge of the driveway, the second side of the triangle extends
five feet along the edge of the sidewalk away from the driveway, and the third side is a straight
line connecting the extended ends of the first two sides. If there is no sidewalk, the building
official shall designate the probable location of a future sidewalk, which shall then be used as if
it were an existing sidewalk. A typical driveway will have two such triangles, one on each side.
The visibility triangle may include both public and private property. The building official may
prepare example diagrams showing driveway visibility triangles. Fence-like hedge means a linear arrangement of trees, shrubs or guth ~ ranches or
foliage overlapping or touching within eight feet of the ground. The arrangement can be a single
or double line, straight or curved.
Front yard visibility area includes the front yard of each site, except for the part within
ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the
"building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard
is twenty feet deep, the front yard visibility area is ten feet deep. The building official may
prepare example diagrams showing front yard visibility areas.
Street visibility triangle means the area at a street corner lying within a triangular area
beginning at the intersection point of the curbs of the two streets forming the corner (which will
normally be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along
each curb line (away from the intersection point, following any curves in the curb). The third
side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no
curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may
include both public and private property. The building official may prepare example diagrams
showing street visibility triangles.
Visibility area includes a street visibility triangle, a driveway visibility triangle and front-
yard visibility area.
Visibility triangle includes a street visibility triangle and a driveway visibility triangle.
Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway
visibility triangle" and amending the definition of "visibility triangle," as follows:
Driveway, visibi&y, 04ang4e means the area within a tr4angle begitming at the pferaise
inter-seetion point of the edge of a dnveway and the inside edge of a sid alk the edge
feet ii+wafd (away ffem the feadwa)q alefig the edge of the dfiveway, the seeend side of the
triangle extends five 4~bet along the edge of the sidewalk away &e.m the dfiveway, and the th
sidewalk,
side is a stfaight line eenneefing the extended ends of the fifst twe sides-If thefe is me sidewalk, then be used as if it we.-e an e*..s+a," sidewalk. A typieal dr-iveway will have two stieh tfiangles,
side, ene en ea 1, c
part heFee&
Visibility triangle. This term includes both "driveway visibility triangle" a°fir°a it
this O ' • and "street visibility triangle" as defined in Chanter 82 of the Code of Ordinances.
Amend both pages of Table 7-5a of the Zoning Ordinance as follows:
Visibility
triangles Forbidden site within. avisibility tfiangle. ,
wee structures otherthings taller thaii 2.0 ft. or shefter- than 8.0 ft
defiflitiefis plants and This does not - Vo . l ft t
does not 1
in ^ ele other things ,?µ1r 1, 1992, i if kept „ °a.See Chanter 82 of the
2- Code of Ordinances.
Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows:
Note & Fences. Fences may project into front and side yards to the extent expressly required or
authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring
front fences for temporary construction purposes and to screen nonresidential uses; provisions in
PDD schedules for front fences). Also in the Code of Ordinances there are: (i) requirements for
emer;ency portals in fences (Chapter. 18) and (ii) restrictions on fences "fence-like hedges" and
other things in visibility areas Chapter 82) -In a QMDS low fences (3.5 feet or lower) may be
located anywhere, if made of ornamental metal or white pickets.
Exhibit 8
NOTICE OF PUBLIC HEARINGS
The Zoning & Planning Commission and the City Council of the
City of West University Place, Texas ("City") will hold a joint
public hearing in the Council Chamber of the Municipal Building,
3800 University Boulevard, Houston, Texas 77005 during the City
Council meeting set to begin at 6:30 PM on . The
hearing may be recessed and continued to the City Council
meeting set to begin at 6:30 p.m. on
at the same place. The purpose for the hearing is to provide an
opportunity for parties in interest and citizens to be heard in
relation to proposals to amend the City's Zoning Ordinance (and
Code of Ordinances), as follows:
Fences, Visibility and Emergency Access. This proposal amends Chapter
18 of the Code of Ordinances to require "emergency portals" in fences,
walls and other obstructions. The main purpose is to allow access to
all sides of each building within the City, so that firefighters and
emergency personnel can enter the building, place ladders, fight fires,
etc. Emergency portals could be: (i) gates or doors with key boxes
allowed by the International Fire Code, or (ii) breachable gates or
fence segments (usually wood or wrought iron). This proposal maintains
some access to utility easements where they intersect streets by
requiring one such portal in the easement area (this would most often
apply at the rear of corner lot).
Existing ordinances restrict fences, trees and other obstructions
in so-called "visibility triangles." There are two types. The larger
type (with 20-foot sides) is located where two streets intersect. The
smaller type (with five-foot sides) is located where a driveway and a
sidewalk intersect. The restrictions for each type are different, and
they are found in different ordinances. This proposal consolidates the
rules for both types into Chapter 82 of the Code of Ordinances, and it
harmonizes them. The proposal defines a new "front yard visibility
area" and restricts "fence-like hedges" in that area.
There are conforming amendments for the Zoning Ordinance,
including amendments of definitions and cross-references to the new
provisions in Chapters 18 and 82 of the Code of Ordinances.
Additional details on the proposals as well as the Zoning
Ordinance and Code of Ordinances are all available for public
inspection in the Municipal Building, 3800 University Boulevard,
Houston, Texas 77005. The proposed changes to the Zoning
Ordinance and Code of Ordinances would apply generally within
the City, and any person interested in such matters should
attend the hearings. The proposals may be adopted only after
notice and hearing and would control over anything inconsistent
in the current Zoning Ordinance or Code of Ordinances.
a 0 0
Date: /s/City Secretary
Amendment to provide o
emergency access into
fenced areas
2-9-09
Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows:
Sec. 18-208. Fenee Emergency portals; gates.
(a) EmeWencyportals. The purpose of this subsection is provide access to all sides of
each building so that firefighters and emergency personnel can enter the building place ladders,
fight fires, etc. If such access is blocked by fences (or other obstructions) there must at least two
emergency portals and they must be located to allow access to the sides and rear of the building
(usually with one portal on each side of the building facing the front, but on corner sites one
may be on the side street) An emergency portal may be either: (i) a gate with a key box
complying ith the International Fire Code (see §506 1) or (ii) a breachable fence segment or
gate. A segment or gate is "breachable" if it is primarily made of wood or wood substitute (not
thicker than one inch) or wrought iron
_(b) Easement gates. Where a fence is constructed, improved or structurally altered along
an easement area, a gate with a minimum opening of 30 inches must be built for ingress and
egress into the easement area. The gate is for the use and convenience of public utility companies
and the city service crews. A gate used as an emergency portal may also satisfy this subsection
Sec. 18-210. Masonry construction.
Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced
concrete, and must be built according to the following specifications:
(1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified
clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be
only of brick or monolithic reinforced concrete construction.
(2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall
be placed in the whole fence.
(3) Expansion joints shall be placed on not more than 24-foot centers.
(4) The fence shall have a foundation which shall rest on drilled footings sunk to approved
bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall
have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not
less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths-
inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers.
(5) A gate with --P2 0 inehes nitist be built for- ingress and
public easement. Emerge cy portals may be required, see above
In the adopting ordinance, provide a five-year "grandfather" period for existing
fences and walls, after which they must be brought into compliance.
Amendment relating to
obstructions in visibility areas,
including "fence-like hedges"
2-6-09
Amend Section 82-7 as follows:
Sec. 82-7. Visibility areas; trees, hedges, etc.
(a) Obstructionsrohibited Obstructions are prohibited in visibility areas as indicated in
the following table:
Are t ,
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(b) Conduct unlau ful It shall be unlawful for any person tom plant, grow, construct,
install or maintain any obstruction prohibited by this section or (ii) allow any such obstruction
on property the person owns or controls
plant has (of pfebably will have) a heigyjha gg.re-atef tha.. th- fee, above the street gtA4ef flew lifie.
It shall be unlawffil for !ant, grow E)r- fnaintain a tree whieh has bf!atiehes-ef
foliage within or- above.. le at a height lewef than 15 feet above the stfeet gtA4e
flew line. It is pr-estimed that a peFS&n IAMA- W.VnSs oF eentr-els feal propefty within the eity
maintains all trees and plants on that propefty. The eity may effter a visibility triangle and
r-eraeve gr-ovAhs prohibited by this section, and there shall be no liability to others fbF taking e
not taking stieh iiVL LCl
(c) Certain trees. It is an affirmative defense to prosecution for a tree in a driveway
visibility area that the tree was planted before July 1 1992 and has no branches or foliage below
eight feet.
In Section 82-1, delete the
existing definition of "visibility triangle"
and insert the following new definitions
(to appear in alphabetical order);
Driveway visibility triangle means the area within a triangle beginning at the intersection of the
edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway).
From the intersection point, the first side of the triangle extends five feet inward (away from the
roadway) along the edge of the driveway, the second side of the triangle extends five feet along
the edge of the sidewalk away from the driveway, and the third side is a straight line connecting
the extended ends of the first two sides. If there is no sidewalk, the a ministr- tive building
official shall designate the probable location of a future sidewalk, which shall then be used as if
it were an existing sidewalk. A typical driveway will have two such triangles, one on each side.
The visibility triangle may include both public and private property. The building official may
prepare example diagrams showing driveway visibility triangles.
Fence-like hedge means a linear arrangement of trees, shrubs or bushes with branches or foliage
overlapping or touching within eight feet of the ground. The arrangement can be a single or
double line, straight or curved.
Front yard visibility area includes the front yard of each site, except for the part within ten feet
of the inside edge of the front yard (the inside edge is sometimes referred to as the "building
line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard is twenty
feet deep, the front yard visibility area is ten feet deep. The building official may prepare
example diagrams showing front yard visibility areas.
Street visibility triangle means the area at a street corner lying within a triangular area beginning
at the intersection point of the curbs `of the two streets forming the corner (which will normally
be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along each curb line
(away from the intersection point, following any curves in the curb). The third side is a straight
line connecting the extended ends of such 20-foot curb-line sides. If there is no curb on such a
street, the central flow line of the gutter or ditch is used instead. The triangle may include both
public and private property. The building official may prepare example diagrams showing street
visibility triangles.
Visibility area includes a street visibility triangle, a driveway visibility triangle and front-yard
visibility area.
(Note: Amend the Zoning Ordinance to delete inconsistent definitions and rules,
and, instead put in cross-references to Chapter82. Add a similar cress reference
in the fence sections of Chapter 18.)
Fence-like hedges and
emergency side-yard access;
possible ordinance changes
12-08
A. Background
1. Fence-Like Hedges
It has been noted that the use of fence-like hedges in certain situations
compromises the principles of the Zoning Ordinance with regard to preserving a semi-
public "front yard setback" and the authorized placement of fences. The issue is that
seemingly innocent use of tall hedges in locations where fences are not permitted
undermines the effectiveness of rules predicated on a highly-regulated front yard
setback. Your guidance is being sought on the matter as the City has no effective way
to regulate such hedges without a new ordinance. (The issue only exists in front yards
because fences are allowed in side yards and rear yards, and hence hedges serving as
fences in those locations do no violence to the Zoning Ordinance.)
Conceptually the front yard setback serves as a semi-public, highly-regulated
buffer between the right-of-way which is definitively a public area and the area behind
the building setback line which is definitively private. Several ordinances address the
allowed uses of the front yard. In addition to environmental, safety and security
purposes, the front yard regulations serve to preserve sightlines and enhance views
from street areas and houses. It is desirable to have sightlines from one house to
another only obstructed by randomly placed trees and shrubbery.
Making a change would stop further encroachment but to be truly effective would
have to address existing situations. Unlike a change that retroactively affects buildings
and could be a significant financial burden, this change would have little financial cost to
residents other than the removal (or possibly pruning) of fence-like hedges in front
yards. Some tension can be expected from those who covet such hedges for the
privacy they afford. However, neighbors whose sightlines are presently obstructed will
gain relief. It's not an easy decision but should be considered for the sake of reinforcing
the philosophy behind rules protecting front yards.
The issue could be addressed by adapting some of the concepts in existing
ordinances that manage "visibility triangles" and allow low fences near townhomes.
Attached is an outline for how that might be accomplished, along with examples of
some current situations.
Re: 54 fence-like hedges narrative and outline 12-29
2. Masonry Fences
As with hedges that serve as fences, an inconsistency in ordinances exists with
brick or other masonry fences. Such fences often are used in side yard or rear yards.
In those applications, they give the appearance of a building and do not allow easy
access for emergency crews. Wooden or wrought iron fences and even hedges can be
readily breached by emergency crews but masonry fences are structurally impenetrable
and in many ways more similar to a building than a fence. To address the safety issue
of such fences that impacts both the homeowner and the neighbor in an adjacent
house, the ordinance could be revised to require at least one access point along such a
fence.
Again, Council's guidance is being sought on this matter. An outline of a possible
change is provided.
B. Possible ordinance changes
Item Current ordinances Proposed changes
Fence-like hedges (No provision) ---Prohibit high hedges in front
yards, except within 10 feet of the
Definition: A line of trees or interior front yard line (sometimes
shrubs forming a barrier taller called the "building line")
than 3.5 feet, if the part taller ---Allow a reasonable time for
than 3.5 feet (and lower than existing hedges to comply.
8.0 feet) is more than 50%
opaque.
Emergency access to side (No provision---most side Require fences or walls around
yards yards can be enclosed by side yards to be "breachable" by
fences or masonry walls 6 firefighters, in case of emergency.
or 8 feet high) ---Wood or wrought iron fences
would be considered "breachable."
---Masonry fences could have
either a breachable segment or a
gate. The gate could be lockable,
if equipped with a "Knox Box"
holding a key accessible by
firefighters.
---Allow a long time for existing
walls to comply.
Miscellaneous Various provisions for Consolidate and coordinate with
"visibility triangles" and new rule on high hedges.
"driveway visibility
triangles;" also fence
hei hts.
Re: 54 fence-like hedges narrative and outline 12-29 2