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HomeMy WebLinkAboutORD 1925 Amending zoning ordinance regarding fences and visibility and emergency accessCity of West University Place Harris County, Texas Ordinance Number 1925 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FENCES, VISIBILITY AND EMERGENCY ACCESS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning and Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place an subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED, AND APPROVED on first reading on Julv 26 2010. D, ANN APPROVED on second reading, AND SIGNED, on Signed: City Secretary Mayor Recom Veded, is ity Mana r /~5{ UN/yEA~'f s q s Approved as to legal form: , ~ f - ~ 2, Z- " City Attorney Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 May 13, 2010 Honorable Mayor & Members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject: Final 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 final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. The purpose of this proposal is to 1) improve emergency access associated with masonry fences and other solid walls, 2) manage obstructive hedges in certain front yards, and 3) rationalize the treatment of "visibility triangles" in the Code of Ordinances and the Zoning ordinance. 1). 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 on single-family building sites 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 a corner lot). 2). The main purpose of this proposal is to restrict hedges that function like fences in much the same manner as the code currently restricts fences. The proposal would limit the height of hedges in the front yard (setback) on adjacent "side yard" sites and rear "through lot" sites without a principal structure. 3). This proposal also simplifies and harmonizes existing ordinances that restrict fences, trees, and other obstructions in so-called "visibility triangles" by amending Chapter 82 of the Code of Ordinances and Table 7-6, Projections Schedule of the Zoning Ordinance. There are two types of visibility triangles; the larger type (with 20 foot sides) is located where two streets intersect, and the smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type of visibility triangle are different, and they are currently found in different ordinances. There are conforming amendments in this proposal 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 to make them more understandable and consistent. The exact wording of the proposal is attached, much of which is the reorganization of existing language rather than the introduction of new concepts. The Commission believes that this proposal will enhance public safety and help reinforce existing standards for visibility and streetscapes in the city's neighborhoods. Following the public hearing held on December 14, 2009, the Commission discussed focusing the emergency access requirements on single family building sites. In addition, to comply with recommendations by the City's Traffic Safety Engineer, the street visibility triangle height dimensions were restored. The Commission determined that the focus on fence like hedges should be shifted to those adjacent "side yard" sites and rear "through" lots without a principal structure. The regulation will limit the height of hedges in the front yard (setback) on these lots. Recommendation. Based on the review given this proposal, the Commission: (i) finds that the proposal, if adopted, would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval of this report was as follows: Steve Brown, Bruce Frankel, Bob Higley, Sam Parikh and Dick Yehle voted "aye"; o "noes"; DeDe DeStefano and Lauren Griffin absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: For the commission , Proposal relating to fences, visibility and emergency access Revised 8-13-09 and 5-13-10 per Zoning and Planning Commission action Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. Fenee Fenee gate-Emergency portals; visibility areas gate with 3pening of 30 inehes must be built for- ingfess and egress into the easeffien area. The gate is fef ~he use and of ptiblie utility eaffipanies and the ei mss.. b b mss- (a) Generally; location. The primary purpose of this subsection is to provide access to all sides of each building located on a single-family residential site, 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 be at least two emergency portals, each with a minimum width of 30 inches, 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 facing 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) a gate or door with a key box complying with 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 wrou ht iron. (c) Certain existing obstructions. Until December 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 December 1, 2009, and (ii) they were not replaced or structurally altered thereafter. (d) Visibility areas. Fences, walls and other things are forbidden in certain visibility areas. See Chapter 82 of this Code. 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) ingfess and egress into any Emergency portals may be required; see above Proposal regulating fence-like hedges Amend Section 82-7 of the Code of Ordinances (Urban Forest Preservation and Enhancement Ordinance) as follows. Sec. 82-7. Visibility triang4,ff trianjzle areas, trees, hedges, etc. visibility triangle, if the plant has (of pi:abably will ha-ie) a heigI4 gFeater- than thFee feet above the st-f-eet gettef fiew line. It shall be wilawfid for- any per-son to plant, itain a tfee whieh has bfaiieheq of feliage within of above a visibility tr4angle at a height lower- than 15 feet. above the street guttef flew line. it is pfestifned that a per-sen wh6 E)wfls Or- 6olitr-Ols real . . I I within the eity maintains all tree-, and plai4s an that pr-eper-ty. The eity may efiter- a visibility fef taking of not taking sueh aetiefi7 (a) Obstructions prohibited. Obstructions are prohibited in visibility areas as indicated in the following table: Area Obstructions prohibited Point for vertical measurement Driveway visibility Any part of a fence, wall, Adjacent grade level triangles plant or other thin above at the intersection of three feet. the driveway and sidewalk. Street visibility triangles Tree branches or foliage below 13'feet 6" and any part Centerline of the street. of any other plant or other thing above three feet. (b) Conduct unlawful. It shall be unlawful for any person to: (i) 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. (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 (d) Prior non-conforming status o certain fence-like hedges. It is an affirmative defense to prosecution related to a fence-like hedge _ that: (1) the hedge was in existence and not in compliance with Chapter 82 on December 1, 2009, (2) the hedge was not located in a visibility area, and (3) the hedge has never been altered or maintained to conform to this section. (e) Enforcement. The city may enter a visibility area and remove any_ r~prohibited by this section, and the city shall have no liability for taking or not taking such action. (f) Termination. Notwithstanding an Zhing to the contrary contained in subsection (d), all fence-like hedges must be made compliant with the Code no later than December 1. 2014, at which time subsections (d) and (f) of this Section 82-7 shall be of no further force or effect and the same may be removed from this Section without further action. 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): Drivewav visibility triangle means the area within a triangle be2inninp- 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 y include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles. Fence-like hedge as used in this Chapter has the same meaning defined in Appendix A, Section 2-102 of the Code (Zoning Ordinance). Street visibilitv 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 curb-line). 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 Futter or ditch is used instead. The triangle may include both public and urivate oronerty. The buildiniz official may prepare examtole diagrams showing street visibility triangle Visibility, area includes a street visibility triangle and a driveway visibility triangle. Visibility triangle . ter-seetion p 'fit of the etifbs of eaeli of the two skeets the eamer- And extending fieet- -aleng eaeh etfFb line away f4em ~he -eijf:b in~er-seetion point, with the third side being no etiFb E)n stiek a str-eet, the 20 feet line deAfled in zening or-difianee shall Callow the eefltr-al publie and private pr-epef:ty. 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: and the insid i t ti k t f th d f dr-ivewa e ed e of a sid ewalk the ed e n er-see on po i e e e ge o a y g g feet ifiwar-d (away 4E)m the r-eadway) aleng the edge of t he dFiveway, th e see end side of t he tr-iafigle extends five feet along the edge E)f the sidewalk away ffem the dr-ive way, and the thiFd sides if th sid efe is no ewalk . , thefl be ased as if it we- - existing sidewalk. A typieal driveway will have t wo sueh , efte en eaeh side. Sueh tFiangles may ifieltide areas withi n, and net with in, a b uilding site. An paft heree~ fi t tw d ends of th t h li ti th t d id i i id s if th fe is no - e ex en e e fs e e s a s ne eemiee ng s fa g t s e . e , shall then be tised as if it were an existing sidewalk. A typieal driveway will have twestteh , intefseetion Point of the edge of a dfiveway and the inside edge of a sidewalk (i.e., the edge pat4 ieree€Visibility triangle. This term includes both "driveway visibility triangle" as d this Or-dinanee 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: The feliewing are far-bidden on pai4s of a building Visibility lants or triangles ~ ' ` p h n 8.0 rter th to"°Y th 2 0 ft th thi wee o . or- s a ngs e er- an . definitions ifl S iele Forbidden structures, plants and hilyl, 1992, pruned. if kept See Chapter 82 of the Code of Ordinances.T4e fee other things definitions t ll th 2 0 ft h 4 th 9 0 f4 Thi hi A,r; le ngs an - . . or- s et eF an . . s t a ef 1, 199-2if kept pruned, Amend Table 7-6, Projection Schedule as follows: Table 7-6. Projections Schedule, cont. Amend the "Fences" subcategory within "Certain Accessory Structures" as follows: TABLE INSET: Special Rules For Maximum Allowed Projection (In Inches), Measured Calculating Type Of Structure From The Inside Edge Of The Yard. Open & Pervious Areas SF Front Rear Side Yard Bufferyard Yard Yard The area No may count Basketball No limit limit generally, as both goals 120 but see Note No limit open area and pervious area. The area may count as both Playground 0 No limit 0 No limit open area equipment and Certain pervious Accessory area. Structures, continued The area may count as both Flagpoles 120" 0 0 0 open area and pervious area. The area 0, but see No limit, but does not Fences Notes S No limit see Notes No limit count as 8.1,8.2, 8.1, 8.2 and either open and 12. I1. or pervious i area. The area counts as hilt 0 open area. Swimming 0 , see Note 0, but see Note No limit Only the pools 9 9. water area counts as pervious area. The area counts as open area Tennis but not courts (with 0 0 0 No limit pervious associated area screens) (unless the area is made of grass). The area No limit No limit may count Lights and generally, generally, No limit generally, generally, as both lampposts but see but see generally, but but see open area Note 10. Note 10. see Note 10. and Note 10. pervious area. The area may count as both Gate 24" No limit No limit No limit open area closers and pervious area. The area Signs (see does not Code of No limit 0 0 0 count as Ordinances) either open or pervious area. Amend and renumber Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8.1 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, certain "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. Add new Note 8.2 to Table 7-6 of the Zoning Ordinance as follows: Note 8.2. Fence-like hedsies. Fence-like hedges srt : k Ei3i1?a site CC)1Eta11]]n li(>_lltl¥_l~'iMlj h t# il]IL'' WV ~it)Ilal _.__tl HIP PI.OVEti ljlf <a.fi3?tti s il) all stdC vaiCf 1()t.s and rear thl-OULLl] lot;. Visibility triangles and visibility areas, as defined by this ordinance, are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Add new definition to Section 2-102 of the Zoning Ordinance as follows: Ferree-like hedge means an arrangement of- vegetation or foliage having the characteristics of a fence and rg owing higher than ll irtjj. i lr r-;, above standard base level.