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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 • 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 , ~3r1V$w~Y VF~i~~~V 1 7, Strectj NR F • t 1~'t F'" A T .f. .tLr~ (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