HomeMy WebLinkAboutORD 1373 Relating to Buildings, Structures, Contractors, and Regulations
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ORDINANCE NUMBER 1373
AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES. CONTRACTORS AND RELATED
REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AND ,CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City Council desires -to amend its standard set of
rules to govern all of the various activities relating to buildings,
structures and related regulations; and
WHEREAS, the City Council also desires to update regulations for
buildings and structures and to control some abuses by requiring that
contractors register with the City and carry insurance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the following sections and subsections (only) of
Chapter 6 of the Code of Ordinances of the City of West University
Place, Texas are amended or added, as' set out in Exhibit A, attached.
Section 6-1 (all)
Section 6-2 (all)
Section 6-3 (a), (c), (d), (f), (g), (h), (i), (j)
Section 6-4 (all):
Section 6-6 (all)
Section 6-7 (all)
Section 6-8 (all)
Section 6-10 (all)
Section 6-12 (all)
Section 6-16 (all)
Section 6-23 (g) and (h)
Section 6-25 (e) and (f)
Section 6-26 (all)
Section 6-41 (all)
Section 6-42 (all)
Section 6-43 (all)
Section 6-44 (all)
Section 6-45 (all)
Section 6-46 (all)
Section 6-113 (all)
Section 6-114 (all)
Section 6-341 (a) and (b)
Section 6-343 (all)
Section 6-344 (all)
Section 6-352 (all)
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Ordinance Number 1373
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Section 2. Chapter 6 of the Code of Ordinances of the City of
West ,University Place, Texas is here further amended as follows:
Section 6-52 is amended by deleting therefrom subparagraph
(v) (relating to minimum number of exits)
,Sections 6-115, through ,6-118 are repealed.
Section 6-341 (relating to fence heights) is amended by
deleting and repealing subsection (c) (relating to house
projections).
All of the remainder of Chapter 6, as it previously existed,
is amended by changing a 11 references to the "genera 1 appeals
board" or "GAB" to read "building & standards commission" and
"BSC" respectively.
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Section 3. This ordinance applies only to permit appl'ications
filed, and violations committed, on or after its effective date.
Applications filed and violations committed before the effective date
are governed by the ordinances in existence before the effective date,
and such ordinances are continued in effect or such purpose as if this
ordinance were not in force. For purposes of this section, a violation
is committed on or after the effective date of this ordinance if any
element of the violation occurs on or after the effective date, and an
application is not deemed to be filed before the effective date unless
itis complete, in total compliance with all applicable requirements,
and physically delivered to the building official before the effective
da te .
Section 4. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only, except
as otherwise specifically provided.
Section 5. 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,
sentehce,'paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
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Section 6. The City Council officially finds, determines and
declares that a 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, TEX. REV. CIV. STAT. ANN. art. 6252-17, 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.
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Section 7. This ordinance shall take efffect on the tenth day
following its publication, as provided for in the City Charter.
Ordinance Number 1373
PASSED AND APPROVED ON FIRST READING this 25th-day of June
1990. -
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Redeker, Watson
None
Councilmember Jenkins
,PASSED AND APPROVED ON ,SECOND READING this the
1990.
Voting Aye:
.Voting No:
Absent:
ATTEST:
Audrey Nichols
City Secretary
( SEAL)
Signed:
day 0 f
Buddy Bell, Mayor Pro Tem
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,Approve~ as to Form:
James L. Dougherty, Jr.
City Attorney
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Sec. 6-1. Definitions.
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(a) Unless the context otherwise clearly requires a dif-
fer~nt meaning, the following terms, as used in this Chapter,
shall have the meanings indicated below:
"Applicable regulations" means all of the provisions of this
Chapter (which includes the standard codes adopted by this
Chapter), all other applicable ordinances, rules and regulations
of the City and any applicable rules, regulations, statutes and
constitutional provisions of the federal and state governments.
"SSC" means the Building & Standards Commission governed by
this Chapter. The Bse is the successor to the GAB.
"Building" shall have the same meaning given to it in the
City's zoning ordinance.
"Building site" shall have the same meaning given to it in
the City's zoning ordinance.
"Development" shall mean either the construction of a new
structure or the expansion of the external dimensions of any
existing structure.
"Fence" means any fence, wall or other barrier which has the
principal purpose of enclosing or separating areas, as opposed to
supporting a building.
"Front area" includes both the front yard and front iight-of
way area of a building site, as those terms are defined in the
zoning ordinance.
"Front street line" shall have the same meaning given to it
in the City's zoining ordinance.
"GAB" means the general appeals board, which has been suc~
ceedcd by the BSC; all references to the GAB in this or any other
ordinance or resolution shall be construed as references to the
I3SC.
"Gross floor area" shall have the same meaning given to it in
the City's zoning ordinance.
""earing board" shall mean the BSC or such other body that
has jurisdiction over the matter in question, as prescribed in
Article II, Division 3 (relating to the Sse).
"Large portable building" means a portable building with a
gross floor area of 120 square feet or more.
"Large qualified street tree" means a qualified tree where
the trunk is located in whole or in part either in a front area
or a side area and which has either of the following: (i) a
trunk circumference of 36 inches or more measured at a height of
four feet, or (ii) a trunk circumference of 40 inches or more
measured at any point at or above ground level.
"Major development" means the construction of a new principal
building or additions to an existing principal building which
increase its gross floor area to 150% or more oE its gross floor
area on April 9, 1990 (or the date it was completed, if comple-
tion occurred after April 9, 1990).
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EXHIBIT A
Page 1
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"najor remodeling" means anyone or more alterations of or
additions to a building for which a permit or permits are
required and which have a collective fair market value of $5,000
or"more (collective value of all alterations and additions done
at or about the same time).
"Portable building" means a trailer home, a mobil~ home, a
nUD-code manufactured home, a manufactured home, any
industrialized housing, an industrialized building' or any other
building or enclosure, other than.a motor vehicle in operating
condition, which is purposefully designed or constructed so that
either: (i) it can be moved as one unit or (ii) it can be moved
in parts, anyone or more of which encloses 1,200 cubic feet or
more. Terms defined in TEX. REV. CIV. STAT. ANN. art. 522lf or
5221f-1 (Vernon's Supp. 1988) have the same defined meanings when
used in this. section.
"Portable building district" means a district expressly
establishe~ by the zoning ordinance which meets all of the
following criteria: (i) the construction of portable buildings is
expressly referenced and authorized in such district, either with
or without a special exception: (ii) transitional features bet-
ween portable buildings and other residential buildings are
required: and (iii) other restrictions on height, densities and
other matters are prescribed or provided for. In case there is
no such district established at the time that a person seeks to
locate a portable building in the City, such person'may apply for
the establishment of the district in the manner prescribed in
Article 14 of the zoning ordinance and subject to all limitations
imposed upon amendments to the zoning ordinance. In no event
shall any person be entitled to have any amendment to any ordi-
nance adopted.
"Qualified tree" includes: (i) any tree with a trunk circum-
ference of 75 inches or more and a height of 20 feet or more, and
(ii) any tree, regardless of size or height, within one of the
following species: bqld cypress, shumard oak, burr oak, swamp
chestnut oak, live oak, Chinese elm, cedar elm, nut tal oak, over-
cup oak, durand oak, red oak, water oak, camphor, hickory, red
maple, sugar maple, chalk maple, big tooth maple, American elm,
linden, white oak, orlental and Mexican oaks, ~weetgum, tulip
tree, pecan, water tupelo, spruce pine, loblolly pine, longleaf
pine, large palms, southern magnolia, American holly, yaupon, cre-
pemyrtle, callery pear, Chinese pistachio, Hexican plum, redbud,
cherry kaurel, Texas pistachio, dahoon holly, possum haw, iron-
wood, winged elm, chaste tree (vitex), Texas persimmon, Jerusalem
thorn, American hop-hornbeam, Carolina buckthorn, flameleaf sum-
mac, smooth sumac, evergreen pear, red cedar, white cedar,
Chinese quince, viburnum spp., Texas mountain laurel, wax myrtle,
loquat, anaqua, hawthorn, golden rain tree, Japanese persimmon, '<
Russian olive, southern crabapple. Mexican buckeye; deodar cedar,
purple leaf plum, Jap~nese black pine, western soapberry ligustrum
"Side area" means the area included in the required setback
area measured from the side street line of the building site,
plus the area within a street that directly abuts such area, as
such terms are defined in the zoning ordinance.
"Structure" shall have the same meaning given t9 it in the
City's zoning ordinance.
"Subdivided lot" shall have the same me~ning given to it in
the zoning ordinance.
EXIIIBIT f!.
Page 2
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"Zoning ordinance" means the City's comprehensive zoning
ordinance.
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(b) Terms speci~'i:ly defined: in standard codes adopted'b'y~U~c
this Chapter shall h~~e such sp~cial definitions only withi~~L~h
standard codes.
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(c) Unless the context otherwise indicates, terms
defined in the zoning ordinance have the same meanings
appear in this ordinance.
specially
when they
(d) Unless the context otherwise indicates, terms specially
defined in the 'texas Penal Code (e.g., "presumption" and
"affirmative defense") have the same meanings when they appear in
this Chapter. '
(e) In this Chapter, the computation of time is governed by
Section 311.014 of the Texas Government Code (Vernon's 1988).
Sec. 6-2. Permits, Registrations, Certificates Required.
(a) Unless a permit authorizing the conduct in question is
first issued and is in effect (and not revoked, cancelled or
suspended), it shall be unlawful for any person to erect, move,
improve, remove, construct, enlarge, repair, convert, demolish or
alter any structure. It is an affirmative defense to prosecution
that:
(i) the work in question consists of nothing more than
ordinary maintenance activities such as painting
or wallpapering; or
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(ii) in the case of roof repair or replacement, the area
of roof affected is less than 200 square feet; or
(iii) in the case of a fence, the work consists of
repairs affecting not. more than ten feet of the
fence, and there is no change in location, height
or materials;
(iv) the work involves only an alarm system for which
a permit is neither allowed nor required by TEX..
REV. CIV. STAT. ANN. art. 44l3-29bb (as amended at
the time of the work), provided that the provisions
of this Chapter applicable to alarm systems are
followed;
(v) the work includes nothing more than replacing worn-
out or obsolete items (other than a roof, a fence
or an alarm system), and there is no structural
alteration, no new wiring, no work involving con-
cealed plumbing or gas facilities and no poten-
tially dangerous conditions; or
(vi) another ordinance specifically provides that no
permit is required for the activity in question.
(b) (1) Registration Required.
It shall be unlawful for any person, to perform any
work subject to subsection (a), or to offer to per-
form it, in exchange for money or other substantial
consideration, unless such person is registered as
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EXIlIBIT A
Page 3
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a contractor with the building official as required
by this subsection. It is an affirmative defense
to prosecution that:
(i) the work in question is completely authorized
by one or more licenses issued by or under the
author.ity of the City (for example, an
electrician's license)i or
(ii) the work in question is completely authorized
by a license issued by the State of Texas (for
example, a plumber's license), and the license
is registered with the CitYi or
(Hi) the work in question is performed by the
owner of the building site in question without
the involvement of any contractorsi or
(iv) one or more of the affirmative defenses appli-
cable to subsection (a) is applicable to the
work in questioni or .
(v) the person is a regulai employee of a contrac~,
tor who is registered'as required by this sub-
section, and the person does the work (or
offers to do it) strictly as a servant or
agent of the registered contractor.
(2) Regi~tration Procedure.
A person desiring to register as a contractor with the
building official must: (A) fill out and file with the
building official the standard contractor's registration
~orm prescribed by the building official(~hich shall
include names~ addresses, telephonenumber~~ driver's
lice~se numbers, business structure information, proof
of insurance required by this section and Qther relevant
data)i (B) submit a new registration form on or before
the tenth day following the day that any of the infor-
mation in current form changes; and (C) submit, prior to
expiration, proof that each insurance policy in the
9urtent registration is duly extended or replaced upon
~xp!ration.
(3) Insurance Coverage.
Registrants are required to have and maintain statutory
worker's compensation insurance that covers not only the.
registrant's employees but also all other'persons
(whether subcontractors or otherwise) who p~rform work
on. the job site, unless such other persons-are them-
selves covpied by a separate contractor's.iegistration
and worker's compensation insurance. Exception:
worker's compensation insurance is not required for a
registrant w~o is a sole proprietor with no employees
and no subcontractors or for any registrant to whom the
Texas \'lorker's Compensation Law does not apply, as it
may be amended from time to time. Registrants are also
required to have and maintain public liability insurance
with a combined single limit per occurrence no less than
$300,000 (or with separate limits each no less than this
amount). .
(4) Insurance Criteria.
EXIIIBIT A
Page 4
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All insurance policies must meet all of the criteria
regularly required for contractors on City construction
jobs (Form C-lOI, or other City standard form, as it may
be amended from time to time), except: (i) the City need
not be nam/il.9,as an additional insured, and.,,{ii) ,the.re
need n?t ~~~~w~iv7r,;pr subrogation as ag<}:~n!3(the;'<:'Ai:Y.
The bu~ldlJlg'-;officlal:"'may, require that reglstran,ts~. s.lJb-
mit a properly signed City form, ~r 6thci~ ~o~u-
ments, as proof of insurance.
225
(5) Expiration, Revocation.
A contractor's registration becomes ineffective if: (X)
it is not renewed prior to the time that any of the
insurance pOlicies mentioned in the registration is
reduced, cancelled or allowed to expire7 or (Y) it is
revoked by the building official. The building official
may revoke a registration subject to the same standards
and procedure~ applicable to the revocation of permits.
(b) Unless a certificate of occupancy authorizing the con-
duct in question is in effect (and not revoked, cancelled or
suspended), it shall be unlawful for any person to occupy any
building space. .
(c) Unless a new or amended certificate of occupancy
authorizing a change in the use or occupancy of a building is
first issued and is in effect (and not revoked, cancelled or
suspended), it shall be unlawful for any person to:
(i) change the occupancy of any building space, whether
by change in ownership, tenancy or otherwise, or
(ii) change the use of any building site or structure,
or
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(iii) otherwise change any premises or activity that
would affect the number of off-street parking spa-
ces required by the zoning ordinance.
Sec. 6-3.
General Regulations.
(a)
Building site7 ownership7 surveys
(1) The building site upon which any development occurs
after the effective date of this section must con-
sist of one or more whole subdivided lots, all of
which must be under common ownership not only at
the time the development occurs but also continuing
thereafter until such time as the building site is
lawfully divided, either by subdivision plan, plat
or replat or other lawful procedure approved by the
building official. This does not prohibit develop-
ment upon a subdivided lot which has been divided
under circumstances where a plan, plat or replat is
not required, such as, for example, when there is a
loss of a part of the lot by eminent domain or
adverse possession, or a discrepancy in boundaries
or area.
(2) Reasonable proof of ownership, acceptable to the
building official, must be submitted with each
building permit application.
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EXIII13IT A
Page 5
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For each building site upon which development is
proposed, the permit application must ,include a
boundary survey upon which is iilustrated all
existing structures and all proposed structures.
The building official may waive this requirement if
substantially equivalent information ,is available
from other sources and meets with theaproval of
the building official. '
(4) For each building site where major development
occurs, it shall be a condition of the building
permit that the applicants provide an additional
survey to the building official sho~ing the actual
location of any foundation forms or guides set upon
the ground. They must be located accurately with
respect to the boundaries of the buildi~g site.
rhis additional survey must be delivered to the
building official not later than noon on the first
City working day preceding the day on which the
first part of the foundation is poured or affixed
to the -ground, and it shall be unlawful to proceed
with .~~h pouring or affi~ation prior to the time
that the building officiai makes a note on such
survey to the effect that'the proposed foundation
appears to comply with setback and building site
regulations of the city.
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(5) All surveys must meet standards presctibed by the
building official.
(b) Site, rirainaqe And Grade Raising
(not amended)
(c) Trenching And Excavations
For each project including any trench excavation
exceeding a depth of five feet, each applicant for a
permit'must certify in writing that the applicable
requirements of the Texas Health & Safety Code have
been, and w}ll be, satisfied. The applIcable require-
ments include, but are not limited to, the following:
are:
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(i)
Section 756.021 (and the former article IOl5q
of the Texas Revised Civil Statutes), for
~onstructioncontracts generally, where a
contractor i~ employed~ and
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(ii )
Section 756.022 (and the former article
2368a.6 of the Texas Revised civil Statutes),
for construction contracts for the City or
any other political subdivision of the State.
(d) Work Site Conditions
EXHIBIT A
It shall be the duty of each person who applies for a
permit to do (or cause to be done) all of the following
during all ~imes when the building permit is in effect
and for so long thereafter as the work area is affected
by construGtion activity:
(i) Immediately pick-up and properly dispose of
all material scraps, trash, rubble and debris
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that may be present at the work site or which
may have been blown or transported from the
site to nearby public or private property (if
access is allowed to such private property
_~;~i~pr pipk,.-,up activity). , ' '
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(ii) Maintain on the work site a "dumpster," a
penned enclosure or other receptacle suf-
ficient to contain all scraps, trash and
debris generated by the construction acti-
vity.
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(iii) Immediately stack, restack or otherwise
secure all building materials, equipment and
tools that may be present on or near the work
site and not in actual use.
(iv) Immediately clear and sweep all sidewalks and
streets that may have been used or blocked
for work activity, except for those places
temporarily barricaded for excavation,
pouring of concrete or similar activites
authorized by the permit.
(v) Immediately cover all excavations and holes,
mark and barricade any hazards and secure all
windows, doors and other openings.
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(vi) Immediately remove all mud, clay and debris
that may have been deposited on any street or
sidewalk in connection with, or' as a result
of, any work on the building site~
It is an affirmative defense to prosecution under this
subsection that any failure to comply continues for no
longer time than is reasonably necessary for the perfor-
mance of the work.
(e) Portable Buildings
[not amended]
(f) Street Trees
(1) Except as authorized by a permit issued under this
subsection, it shall be unlawful:
(i) for any person to remove, damage or kill a
large qualified street tree; or
(ii) for any person, who owns or controls real
property, to allow a large qualified street
tree to be removed, damaged or killed upon
such property or to cause a large qualified
street tree to be removed, damaged or killed
upon the street area abutting such property;
or
(iii) for any person to dig a trench or excavation
in the protected zone of a large qualified
street tree (the protected zone is the area
within a radius from the trunk of the tree
equal to half of the distance from the trunk
to the dripline).
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EXHIBIT A
Page 7
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(2)
The building official is authorized to issue a per-
mit for the removal, damaging or killing of a large
qualifieq street tree if both of the following are
present:
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(i) The building official determines either: (A)
that the tree is diseased, severely damaged
or substantially dead, or (B) that it causes
an unreasonable impediment to construction,
maintenance or operation of th~:premises
where it is located. '
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(ii) The permit contains an express condition
requiring that any tree removed or killed be
ei~her relocated or replaced within a
designated time at a designated location, on
or adjacent to the building site,where it is
removed. Any replacement tree must be a
qualified tree and must-have a trunk circum-
ference of at least 12.5 inches measured at a
height of four feet above the ground.
Exception: The permit shall nQt require
replacement or relocation if ther~ are two or
mo~e large qualified street trees remaining
in the same area where the original tree is
removed (that is, in either the front area or
the side area). '
(3) The building official is authorized to issue a per-
mit for trenching or excavating in the protected
zone of ~ large qualified street tree if, the permit
has conditions reasonably calculated 'to prevent any
sUbstantfal harm to the tree. '
(4) It shall be unlawful for any person who applies for
such a p~rmit to fail or to refuse to comply with a
condition of the permit. Any occupancy permit for
the buil~ing site in questJ~n may be withheld until
the condition is complied wi th. '
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(5) It shall be an affirmative defense to prosecution
under this subsection that that immediate action to
remove, damage, kill a tree, or to dig a trench or
excavation in the protected zone, was necessary to
prevent harm to persons or property.
(6) It shalf be unlawful for any person to plant a tree
in any street unless the tree is a qualified tree.
(g) Temporary Fercing
It shall be the duty of each person who applies for a
permit for apy major development to provide temporary
fencing in accordance with this subsection during all
times when the b~ilding permit is in effect and for so
long thereafter as the building site is affected by
construction activity. The temporary fencing must fully
enclose the rear of the building site and the sides up
to, but not including, the sidewalk (subject to any ,
~estriction to the contrary in the zoning ordinance).
The temporary fencing must be a!: least 5.5 feet high,
and it may incorporate any pre-existing or new fencing
on the building site, but it may not incorporate any
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EXHIBIT A
Page 8
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fencing off the building site, regardless of who owns
the fencing. In addition, if there are any large
qualified street trees on the building site, the tem-
porary fencing must surround each one at a distance not
less than,~l~..,Keet ft:,O!JI the trunk. No separate ~ence
~ermit is'r..~4fi,f:~9fo~{~~uch a temporary fen;<::e;>er.i:~cted
In connectIon WIth a maJor development for WhICh 'a '
building permit is in effect.
229
(h) Curbs, Gutters and Sidewalks
It shall be the duty of each person who applies for a
permit for any major development or any major remodeling
to: (A) provide new sidewalks along all streets abutting
the building site (front, side and rear) and (8) to
replace or repair all previously-existing curbs and gut-
ters along streets abutting the building site, so that
such facilities will function like new facilities and
will appear to be sound.
Exception for rear sidewalks: no sidewalk is
required along the rear of a building site, if:
(X) the rear lot line lies along a major thorough-
fare, and (y) there are no existing sidewalks along
the same side of the major thoroughfare within
fifty feet of the building site in question.
'---
Exception for existing sidewalks: If there is any
existing sidewalk which can be preserved or
repaired so that it will funrition as a new facility
and will appear to be sound, the building official
may allow it to be used instead Df new construc-
tion, provided that repair specifications
prescribed by the public ,works superintendent and
all other applicable regulations are followed in
connection with any repairs."
All sidewalks, curbs and gutters must be constructed or
repaired in compliance with standard specifications and
procedures established by the public works superinten-
dent and must also comply with all other applicable
regulations. The building permit application for each
major development or major remodeling must clearly ,
illustrate the work necessary to comply with this sub-
section, and all required work on sidewalks, curbs and
gutters must be completed within the time allowed for
completion of the major development or major remodeling.
II
( i)
UCC Notification
It shall be the duty of each person who applies for a
permit for work involving excavation, drilling or other
underground work to: (A) assure that notice is given to
the Utility Coordinating Council prior to the start of
the work and'(B) allow sufficient time after the notice
and before the start of the work for all affected utili-
ties (including the city) to mark the location of their
facilities in the area of the work. The building offi-
cial may require that applicants certify or prove that
they have given such a notice.
'" (j) Ut.ility Availability
i""
~~~-~~~~~~-~~"~~~~~~~~~~~~~~m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~~m~~
EXHIBIT A Page 9
~
lit -.j ill iWi i,.j
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No permit for a major development may be issued unless
water, sewer and drainage facilities are available and
have sufficient unused and unreserved capacity to serve
the,en~ire development. It shall be the duty of each
ppplicant, for a permit for any major development to sub-
mit'wtitten proof of such availability and capacity,
excep~' th~t the building official m~y'~aive the require-
ment ~or written proof in the case of a 9ingle-family
J:"esldencenot exceeding 5,000 9quare feet of gross floor
. ,
23'0
J
area.
Sec. 6-4. Certificates Of Occupancy.
(a) To obtain a certificate of occupancy, a person must make
application to the building official in the same manner as appli-
cations are required to be made for building permits, except that
the building offic~al is authorized to establish less formal pro-
cedures ihat m~~ be followed for those situations to which they
apply. ~ certificate of occupancy is a type of permit, and all
of the p~ovisions of this Chapter pertaining'to permits shall
also apply with'respect to certificates, of occ,upancy, including,
without limitation,' the provisions relating tote~~orary or con-
ditional:p~rmits and appeals to the GAB: .
(b) A certificate of occupancy, to be valid, must name a
specific person as the holder of the certificate. The cer-
tificate shall only authorize that person an~ that person's
spouse, dependents, invitees and licensees to occupy the property
described.' " "
(c) No certificate of occupancy shall be issued unless the
building official certifies that he or she: (i) has not detected
any subst,antialnon-compliance with the provisions of this
Chapter ot with anY other applicable regulation~;'(ii) is not
aware of any substantial non-compliance with- any condi tion
required for the 'issuance of any permit, incll,lding'any require-
ments for.the'construction or installation of equipment or faci-
lities, and ,(iii) believes that all trash, garbage, debris and
rubbish resulting from work at the pre~ises have been removed and
that the premises are in a clean and sanitary condition. This
certification shall never be deemed to be a bar to any pro-
ceedings' to enforce any applicable regulations, and shall never be
deemed to be-a representation, guarantee orwarrarity of any kind
on behalf of the Cit~. The building official may require the
filing of sworn supporting certificates touching upon the matters
in this section as a condition of issuing his or her certificate.
The supporting certificates may be required of the: proposed cer~
tificate holder as :well as architects, 'engineers, contractors and
others invol!ed in the work (any or all). . ,
(d) The building official is specifically authorized to
issue tempotary'or c~nditional certificat~s of ori~~pancy if: (i)
there are appeal or enforcement proceedings pending or con-
templated" (ii) suth a certificate is re~uire~ to reconcile any
two or more. applicable regulations, or (iii) su~~ a certificate
is required to;co~ply with an applicable regulatio~. The
building official may cause a notice of such a ~emporary or con-
ditionaloccupancy'permit to be recorded in the; real property
records:of the county.
(e) A certificate-of occupancy for any non-residential
building shall be continuously posted at a place' to which the
public has free access (during normal business hours) and such
that it is visible from the principal entranCe t~ such building.
J
EXUIBITA
Page 10
jl
'----.J
'-., /. ,,.:
231
Sec. 6-6.
, <' r . "C.' '., .", .:,
Proof Of Cert)i~)l. FabEs .
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(a) It is presumed that a person controls a building site,
and all structures thereon if that person has either arranged for
or pa~d for ~ny ~t~.ili~t~~!~,ery:i.cl}-\ for the building ~.J.\I;.Jh:q~",~4,!;l5J,~pr
the t1me penod 1n qu . >i,7.';:i;U!(l;oof of such arrang'R\CJ;1~~i=.,J?fdi;'Jr':;'>
paymen ts may consis!:,-!" . ".etpt,s from the cus tome9,,'b'f:i: hIlg''':' ",,:\
records of the comp:anf' or -entity providing the sel?.vic~.":' ' ".'
,':- ."
if:
(b) A person is presumed to own a parcel or item of property
(1) the person is shown on the current City tax roll as
the owner of the property: or .,
[
(2) the property was conveyed (or purportedly conveyed)
to the person by deed, bill of sale or other docu-
ment, and a search has revealed no similar document
conveying (or purporting to convey) the property to
someqf,&~<\;~;tsc; s~bs\-'lquen tly. '/ iI.:-
Sec. 6-7. Posting Of Permits.
(a) It shall be unlawful for any person to whom a permit is
issued to fail or refuse to keep the permit continuously posted
at all times required by this chapter. In addition to all other
posting requirements, any permit authorizing any type of work
shall be posted continuously beginning when work commences under
the permit and continuing until the earlier of the following: (i)
completion of the work or (ii) expiration or revocation of the
permit. The permit shall be posted at a place to which the
public has free access at the principal entrance to the work area
in such a manner that a person entering the work area can see the
permit and read it.
(b) It is presumed that there is no applicable permit or
document in existence if: (i) this chapter requires that the per-
mit or document be posted at a certain place at a certain time
and (ii) it is not so posted.
Sec. 6-8. Certain Defenses And Exceptions
In a proceeding to enforce this Chapter, the following shall
be affirmative defenses to prosecution in the circumstances
indicated:
(1) If the presence of "development" without a permit
is the alleged violation, the work in question
involves an area on a building site of not more
than ten square feet, and any structures involved
are readily moveable at a cost not exceeding $300.
(2) The activities involved are those of the City
itself or of city officers, agents or employees
(excluding independent contractors) in the course
of their official duties.
Sec. 6-10. Enforcement.
In addition to imposing those penalties prescribed by this
Code, the City may also enforce the provisions of this Article in
the same manner as prescribed by state law or the zoning ordi-
nance.
r~
EXHIBIT A
Page 11
: ,----....,;,........
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Sec. 6-12. Qualifications.
.To be eligible to appointment, the ca~didate for the position
shall have had experience as an architect, structural engineer,
building inspector or superintendent of building construction.
The candidate shall be in good health and physically capable of
making the necessat:'y examinations and inspections.;" '
Sec. 6-16. Right of entry.
(a) The building official or his authorized representative
may request of the owner or occupant entry to any building,
structure or premises at a reasonable time to make an inspection
or to enforce any of t~e provisions of thi~ Chapter.
(b) When requesting entry to a building, structure or premi-
ses that is occupied; City officials shall first identify them-
selves and present proper crendentials, with a photograph, and
request entry. If th~building, structure or premis~s is unoc-
cupied, the officials shall first make a reasonable effort to
locate the owne~ or other persons having charge of the building
and request entry.
(c) In the event entry is denied, or if no consent to enter
is obtained, the building official may seek the issuance of a
search warrant. For this purpose, the building official is
designated as the code enforcement official.
Sec. 6-23. Same--Issuance Or Denial.
.. .. ..
(g) Pending a hearing, either the building official or the
hearing board may issue a temporary or conditional permit to the
applicant, if all of the following circumstances are present:
(l)The applicant demonstrates to the satisfaction of
the building official or the hearing board that
substantial economic loss or damage to life or pro-
perty could result from a delay in proceeding with
the work or activity in question.
(2) The applicant signs a written statement that the
ap~licant understands that he or sh~ is proceeding
at his or her own risk, completely subject to the
ultimate decision on the appeal. '
(3) The applicant:
(i) acknowledges in writing that he or she has an
unconditional obligation to restore the
b~ilding site and structures thereon to their
preexisting condition such that they would
not be in violation of any applicable regula-
tion, or to make the work comply with the
hearing board's decision, within ten days
following the date of the decision (or within
a longer period prescribed by the hearing
board) ;
(ii) is the owner or lessee of the building site
and grants to the City appropriate rights of
EXHIBIT A
Page 12
~ '
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232
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]
~j
:1
]
233
n
entry to have such-restoration performed by
City forces or by a City contractor in the
event that the applicant fails or refuses to
, do so, it being understood that the City is
:'''a,under no obligation to do so and that the
':'f'C ifi:y.' may pursue other remed ies: or pi:osecu.;i~
fions as' it may see fi t; . ",' .":
(iii) agrees in writing to pay all of the costs of
such restoration, if performed by or on
behalf of the City, plus fifteen percent for
administration and disruption expenses, upon
demand: and
(iv) provides a cash (or cash equivalent) deposit
acceptable to the building official or
hearing board as security for such payment,
if such work is done, and also as security
for payment of any fines, civil penalties,
attorneys fees and court costs that may be
adjudged against the applicant for non-
compliance after the date ordered by the
hearing board, it being understood that the
City shall have the right to appropriate such
security, in whole or in part, by order of
the building official, without notice to the
applicant. (Such cash deposit shall be
returned when the building official deter-
mines that such restoration or compliance has
been satisfactorily achieved by the applicant
or, unless a claim or appropriation order
involving the deposit has been filed by the
building official, when 120 days have elapsed
after the order of the hearing board.)
r--"
,
I
I
L
(4) The building official or the hearing ,board deter-
mines that allowing the work or activity to proceed
would probably not cause a threat to life, property
or health, would not disrupt orderly enforcement of
applicable regulations and could be readily
reversed and restored or otherwise brought into
compliance.
(5) Any permit issued is conditioned as provided in
this section and is made completely subject to the
outcome of the appeal.
(h) The hearing shall be conducted by the hearing board. At
the hearing, the board shall receive evidence regarding the
application. Hearings shall be conducted under rules issued by
the board, which shall be consistent with the nature of the pro-
ceedings and shall ensure that each party may present evidence,
cross-examine witnesses and be represented by legal counsel. The
hearing board may allow the use of hearsay evidence if: (i) evi-
dence of that sort is customarily relied upon in the business or
trade involved or (ii) the board otherwise determines that the
evidence is reliable. The decision of the board shall be final.
Sec. 6-25. Same--Revocation, Suspension
* * *
(e) The applicant shall have the right to appeal an order of
the hearing official revoking or suspending a permit to the
n
EXlIIJ3IT A
Page 13
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23jl
hearing board in accordance with the same procedure set out for
permit denials (including the procedure for the issuance of a
conditional permit pending the outcome of the appeal). The
appeal must be filed on or before the tenth day following the
date that notice of the order is first given as prescribed above
(unless the hearing board determines that good cause exists for
a delay in filing). The filing of an appeal shall not have the
effect of superseding or suspending the order of the building
official, although the hearing board may issue an order to this
effect.
'I
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~
(f) While the building official is considering the revoca-
tion or suspension of a permit, the building official may issue a
temporary stop work order, but only if the building official
first determines that the work is proceeding in violation of
applicable regulations and that an immediate threat to life or
property probably exists. Such temporary stop work orders shall
be appealable to the hearing board immediately and shall only be
valid for a single period not exceeding five days. The building
official and the hearing board shall take all reasonable steps to
arrange for an expedited review of the stop work order if the
permit holder so reque~ts in writing. It shall be unlawful for
any person with knowledge of such stop work order to continue
working on the project involved while the order is in effect.
. .~,
Sec. 6-26. Other Permit Provisions.
(a) A permit is valid only at the location for which it is
issued.
(b) It shall be unlawful for any person to counterfeit,
forge, change, deface or alter a permit.
(c) A permit may be cancelled at the written request of the
applicant upon surrender of the permit itself to the the building
official.
(d) Permit applicants remain responsible at all times for
full and complete compliance with all applicable regulations,
notwithstanding the issuance of a permit or any other action or
inaction on behalf of the City.
J
(e) The City does not represent, guarantee or warrant that
any of the activities covered by a permit (or not covered by a
permit) is in compliance with any applicable regulations,
regardless of whether plans are checked, written documents are
reviewed or oral discussion is had. Any person who desires to
have a definitive ruling as to compliance with any applicable
regulations must seek ~nd obtain the same from the hearing board.
Neither th~ building official nor any other officer, agent or
employee of the City has any power or authority to change or vary
any applicable regulations or to waive strict compliance with any
of them; only the hearing board has the power to make an authori-
tative ruling on the meaning or the application of any applicable
regulations or to issue any variances.
(f) No permit shall ever be or represent a vested right or
property right of any kind, and all permits are subject to amend-
ment, cancellation, revocation or suspension at any time, with or
without notice.
"(h) All activities under a permit shall comply with all
plans and specifications submitted to or imposed by the building
EXHIBIT A
Page 14
]
l
official in connnection with the permit. It shall be an affir-
mative defense to prosecution under this subsection that: (i) the
building official was notified of a deviation from the plans and
specifications at the earliest practicable time and (ii) the
building official subsequently approved the deviation.
j~,J.,..: ~.;.,,:,.-,~.{,i~,'",~,' . " .~ .~~ .~ :,',,: i':: . i "t" ~.:o" .
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DIVISION' 3. BUILDING & STANDARDS COMtlISSION
23[3
Sec. 6-41. Created: composition: appointment of members.
(a) There is hereby created the building and standards
commission, or "asc." The BSC is the successor to the general
appeals board ("GAB"), and it shall assume all of the duties and
functions of the GAB, including all matters pending before the
GAB. '
(b) The BSC shall consist of five members plus four alter-
nate members, all appointed by the City Council. The alternate
members shall serve in the absence of one or mor.e regular members
when requested to do so by the mayor or city manager.
Sec. 6-42.
Qualifications and terms of members: filling of
vacancies.
['
(a) Each member of the BSC shall be appointed to one of the
following specific positions: positions 1 through 5, for regular
members and postions A through D for alternate members. Each
appointee, at the time of appointment, must be a resident of the
City. A member who ceases to be a resident of the City shall be
deemed to have resigned and may. be replaced at any time
thereafter, but shall continue to serve until the successor is
appointed and shall have qualified.
(b) Each position shall have successive two-year terms of
office, with each term beginning on September 1 of each odd-
numbered calendar year and extending through August 31 of the
next following odd-numbered calendar year.
(c) Each member appointed shall serve for the specific term,
or the unexpired portion thereof, of the position to which the
member is appointed. Appointments for upcoming terms may be made
no sooner than 60 days prior to the beginning of the term.
(d) Members shall also serve after the expiration of a term
of office until their respective successors are duly selected and
shall have qualified.
(e) In the event of death, resignation, or removal from
office of any member, or any other vacancy in a position, a suc-
cessor shall be appointed and qualified to serve the remaining
unexpired portion of the term of office of the position so
becoming vacant.
Sec. 6-43. Compensation of members.
The members of the BSC shall receive no compensation for
their services and any ex officio members shall receive no addi-
tional compensation for service on the BSC. This shall not pro-
hibit reimbursement for actual and reasonable expenses incurred
by authority of the City Manager or the City Council.
n
-----~-----------------------------------------------------------
EXHIBIT A
Page 15
-1 J:c::::uJ::-----L.L
_L_~___.1 _ _ ~ "i'T.IIt""':'1,
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Sec. 6-44. Removal of members.
. The City Council may remove a member of the BSC in the manner
provided for in Section 54.031 of the Texas Local Government
Code.
Sec. 6-45. Officers; Office.
The City Council may from time to time designate one of the
regular members ~f the BSC as the presiding officer or chairman.
The City Manager shall appoint a City employee as the secretary
of the BSC and may appoint an Assistant Secretary, neither of
whom shall be a member or have any vote. The Ci ty ~Ianager shall
designate the office of the BSC.
Sec. 6-46. Jurisdiction, powers and duties.
(a) The BSC has four types of jurisdiction: appeals from
administrative actions, quasi judicial enforcement, variances,
and advisory opinions, as more fully described below:
(1) Appeals From Administrative Actions. The BSC shall
hear and determine appeals from all actions of the
building official, except for those actions listed
below. In addition, the SSC shall hear and deter--
mine appeals from other adiministrative actions
where an ordinance authorizes the BSC (or the GAB)
to do so (for example, such appeals are authorized
with respect to the fire official and the fire
code; see Chapter 9 of this Code). In any such
appellate proceeding, the BSC may affirm, reverse,
modify or remand the decision appealed from, and
the SSC may take whatever action the building offi-
cial (or other official) should have taken. The
following actions of the building official are
excepted from the BSC's jurisdiction:
(i) actions arising under the zoning ordinance
(which are subject to the jurisdiction of the
zoning board of adjustment);
(ii) actions arising under the electrical code
(which are subject to the jurisdiction of the,
electrical board);
(iii) actions arising under the plumbing code, the
gas code or the provisions of Chapter 17 of this
Code relating to solar energy (all of which are
subject to the jurisdiction of the plumbing and gas
board) .
(2) Quasi Judicial Enforcement. The BSe has exclusive
authority with respect to quasi judicial enfor-
cement of health and safety ordinances, to the full
extent prescribed by Section 54.031 of the Texas
Local Government Code. The City hereby adopts and
implements Subchapter C of Chapter 54 of the Texas
Local Government Code (Sections 54.031 et seq.,
relating to quasi judicial enforcement of health
and safety ordinances) as it may be heretofore or
hereafter amended ("Subchapter C"). The procedures
and remedies prescribed by Subchapter e shall be in
addition to, and not in lieu of, all others
prescribed by this Code or the laws of the State of
EXHIBIT A
-----------------------------------------------------------------
Page 16
[1'-
236
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Texas. Subchapter C shall apply to and govern
those p~oceedings expressly commenced unde~
Subchapter C by the filing of an appropriate writ-
ten pleading with the asc. Other proceedings
before the BSC shall continue to be governed by the
respeqtive ordinances, statutes, rules and regula-
tions"j2~!?IAcable,:\~heret? and ~hall no~ ~.e subject
to the:!-"pr'ocedures., and lImitatIons imposE1d"by .",.
Subchapter C. The building official is hereby
designated as the appropriate official of the City
to present cases to the BSC under Subchapter C.
The city attorney may assist the building official
and may designate other attorneys to assist the
building official. Only the nsc, and not another
board or commission, may exe~cise authority under
Subchapter C.
l
23~(
(3) Variances. The nsc has limited authority to issue
variances from all ordinanc~s subject to its
appellate authority or quasi judicial enforcement
authority (see subsequent provisions in this
Chapter).
(4) Advisory Opinions. The BSC may issue advisory opi-
nions relating to any ordinance subject to its
appellate authority or quasi judicial enforcement
authority, pursuant to such limitations and rules
as it may prescribe.
[
(b) TheBSC may consolidate two or more related matters for
common notice and hearing, even though they may arise under
separate jurisdictions (for example, an appeal from the building
official's decision might be combined with a request for an advi-
sory opinion and a request for a variance). However, the BSC
must observe all notice and procedural requirements and shall
separately state the decision reached on each separate matter.
(c) The SSC has final authority to interpret the ordinances
with respect to which it is authorized to act. The BSC may
advise the building official and make recommendations to the City
Councilor other City officials as to any matters related to the
nsc. The fiSC shall have no power to make any contract, lease, or
other agreement on behalf of the City, or to employ any person to
be an employee of or to be paid by the City or to inctlr any debt
or liability whatsoever on behalf of the City; the asc has only
those specific_powers granted by ordinance of the City or by
state law.
Sec. 6-113. Nuisances; BSC Authority; Standards
(b) All dangerous structures within the terms of this
article are hereby declared to be public nuisances and shall be
repaired, vacated and repaired, or vacated and demolished as pro-
vided in this article.
(a) The nsc shall have authority to hear and decide cases
filed by the building official under the asc's quasi judicial
enforcement powers more completely described in SUbchapter C of
Chapter 54 of the Texas Local Government Code and in Article II
of this Chapter. This authority shall extend not only to
dangerous structures as herein defined but also to other struc-
tures which are substandard because of non-compliance with appli-
cable regulations and to other violations and cases within the
scope of said Subchapter C.
E:XnInIT A
Page 17
.. ~1...U.mlu.u.UlWllHU...LL.. ...1-Z!.!.1I
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(b) The following standards shall be followed, in substance,
by the Bse in ordering the repair, vacation or demolition of any
structure:
(i)
If the structure can reasonably and economi-
cally be repaired so that it will no longer
exist in violation of the terms of the appli-
cable regulations, it shall be ordered
repaired. '
(ii) If the structure is in such condition as to
make it dangerous to the health, morals,
safety or general welfare of its occupants or
the public, it shall be ordered to be vacated
and neither used nor occupied until repaired
or demolished. .
(iii) In all cases where a structure cannot be
reasonably and economically repaired, as a
practical matter, so that it will no longer
exist in violation of the applicable regula-
tions, it shall be ordered demolished.
Sec. 6-114. Certain Conduct Prohibited.
(a) If theBSe issues any order with respect to a dangerous
or substandard structure:
( i)
It shall be unlawful for the owner of the
structure to fail or to refuse to comply with
the provisions of the order, if any, relating
to repairs or demolition, within the time
allowed by such order.
(ii) It shall be unlawful for any person to use or
occupy such structure in violation of the
order, and it shall be unlawful for any per-
son owning or controlling it to allow it to
be so used or occupied.
(iii) The building official may cause copies of the
order and placards to be posted upon such
structure advising as to use or occupancy, as
the case may be.
(iv) The building official may cause a copy of
the order to be acknowledged and filed in the
real property records of the county. ~
(b) ,It shall be unlawful for any person to remove any
order, placard or notice required or permitted to be posted pur-
suant to this Article, unless the effective consent of the
building official is first obtained.
(c) Upon full compliance with an order, the building offi-
cial may execute and acknowledge a notice to that effect.
ARTILCE X. FENCES
Sec. 6-341. Maximum height.
EXIIIBIT A
Page 18
-"IT .
238
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(a) No fence higher than eight feet may be constructed,
improved or or structurally altered on any private property,
eXgept as otherwise provided in this article.
.[1
, I
,
,
(b) No fence higher than six feet may be constructed: (i)
closer than six fe~J:~ii,f'rom a wall of an existing principal
building used as a.jj~!!gle-family residence. on any adjacent,
building site, or '('in between buildings where the eaves are less
than two feet apart.
Sec. 6-343. Prohibition on front portion of bulding site,
definitions.
c
(a) No fence may be constructed, improved or structurally
altered on the front portion of any buldihg site, except that
this restriction does not apply to low retaining walls, institu-
tional security fences, fences owned by any governmental entity
or fences or walls specifically required or allowed to be located
in the front portion of a building site by this Article or the
zoning ordinance of the city. In this article:
(1) "Front portion" means the area of a building site
extending from the front street line to a depth equal to
the depth of the front main wall of the principal
building. The front street line is the common boundary
between the front line of a building site and the street
right-of-way. The front main wall is the front of the
building exclusive of any porch or entranceway.
(2) "Low retaining wall" means a wall designed and used to
hold earth or similar material in place, no part of
which extends higher than the highest naturally
occurring part of the ground in the front portion of the
building site and no part of which is located outside of
the building site.
(3) "Institutional security fence" means a fence which meets
all of the following criteria:
(a) The fence is located on a building site where there
is a building or group of buildings specially
constructed and used as an actual place of reli-
gious worship (including schools, parking lots,
parsonages and other accessory buildings),
(b) The fence is located along or generally parallel to
a major thoroughfare, and only along side streets
to the extent necessary to connect the main portion
of the fence to side fences, rear fences or
buildings, and
(c) The fence is no more than fifty (50) percent
opaque.
(4) "Major thoroughfare" means Kirby Drive, Bissonnet Street
or Bellaire (West Holcombe) Boulevard.
(b) This subsection only applies to a corner lot ("corner
lot") carved out of a larger corner site originally established
by the first plat or map of the subdivision in question, where
the the front street line of the corner lot is on a different
street from the street where the larger corner site had its front
street line. On such a corner lot, no fence may be constructed,
[
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EXHIBIT A
Page 19
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improved or s~ructurally altered along the side street line of
the corner lot (this would have been the front street line of the
original larger corner site) unless the fence is set back from
the side street by at least one of the following two distances:
(i) a distance equal to the depth of the front setback area of
any adjacent building site which has a front setback area '
abutting the side street or (ii) a distance equal to the depth of
the side setback area of the corner lot, measured from the side
street. If the Dse is requested to issue a variance to permit a
fence on the corner lot closer to the side street than prescribed
above, and if a petition signed by twenty percent or more of the
persons owning property along the side street within two hundred
feet of the rear lot line of the corner lot (and on the same side
of the side street) is presented to the ose before it acts on the
request, the requested variance shall not ~ake effect unless
approved by all members of the Dse qualified and serving. Under
no circumstances, with or without a variance, is a fence allowed
within five feet of the side steet line.
Sec. 6-344. Distance From Property Line.
A fence may be constructed immediately along a property line
or set. back from the property line by 36 inches or more. No
fence may be constructed so as to leave a space less than 36
inches wide between it and the property line of the building site
where it is located.
Sec. 6-352. Masonry construction.
Masonry fences, which shall be of brick, vitrified clay tile,
concrete tile, or monolithic reinforced concrete, shall be built
according to the following specifications:
(1) At least eight (8) inches thick for,double~wall
construction, which shall be either brick, _vitrified
clay tile, or concrete tilel at least six (6) inches
thick for single-wall construction, which ~hall be only
of brick or monolithic reinforced concrete construction.
(2) Pilasters shall be placed on not more thdn twelve-foot
centers, or adequate steel ~einforcing shall be placed
in the whole fence.
(3) Expansion joints shall be placed on not more than
twenty-four-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 twelve (12) inches in
diameter, and each footing shall have not less than four
(4) one-half-inch ties on three-foot centers.
Foundation beams shall be not less than twelve (12)
inches wide and not less than eighteen (18) inches deep
with not less than four (4) five-eighths-inch rein-
forcing rods an~ three-eighths-inch ties, on not less
than thirty-inch centers.
(5) A gate with a minimum opening of thirty (30) inches must
be built for ingress and egress into any public
easement.
EXHIBIT A
Page 20
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240
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