HomeMy WebLinkAbout12042014 BSC Agenda Item 3 STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: December 6, 2014 DEPARTMENT OF ORIGIN: Development
Services
DATE SUBMITTED: December 4, 2014
PRESENTER: Clay Chew, CBO, CFM
PREPARED BY: Clay Chew, CBO, CFM Chief Building Official
Chief Building Official
STAFF PRESENTER:
SUBJECT: Fences at Major Thoroughfares. Clay Chew, CBO, CFM
Amend Chapter 18, Section 18-202. Chief Building Official
ATTACHMENTS: Proposed ordinance amendment
STAFF SUMMARY
Background:
Corner lot fences at major thoroughfares have caused visibility limitations for
motorist. This only occurs when the front faces a secondary street and the fence is
placed along the side property line. There are no visibility problems when a home faces a
major thoroughfare due to the fence cannot extend past the front building setback.
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City of West University Place
Harris County, Texas
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; AMENDING CHAPTER 18 OF THE WEST UNIVERSITY PLACE
CODE OF ORDINANCES BY AMENDING SECTION 18-202 REGARDING FENCE
PROHIBITION IN FRONT AND SIDE SETBACKS; CONTAINING FINDINGS AND
OTHER PROVISIONS RELATING TO THE SUBJECTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 18 of the Code of Ordinances of the City of West University Place, Texas
(the "Code of Ordinances") is amended by adding subsectiion C to section 18-202 which requires
approval by the Building Official for corner lot fences at major thoroughfares All other portions of
Chapter 18 of the Code of Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to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 and 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.
Section 5. This ordinance shall become effective on the tenth day following its publication, as
provided in the City Charter.
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the day of
, 2014.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the
day of , 2014.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
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ARTICLE VII.—Fences
Sec. 18-202.- Prohibition in front or side.
(a) Prohibition. No fence may be constructed,improved or structurally altered on the front
yard(setback)of any building site. Exceptions: this restriction does not apply to low retaining
walls, institutional security fences, fences owned by any governmental entity or fences or
walls specifically required or allowed to be located in the front yard (setback) of a building
site by this Code or the zoning ordinance.
(1) Reserved.
(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 religious 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 50 percent opaque.
(4) Major thoroughfare means Kirby Drive, Bissonnet Street or Bellaire (West
Holcombe) Boulevard.
(b) Rotated corner lots. This subsection only applies to a corner lot carved out of a larger
corner site originally established by the first plat or map of the subdivision in question, where
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,
improved or structurally 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:
(1) 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
(2) A distance equal to the depth of the side setback area of the corner lot, measured
from the side street. If the BSC 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 20
percent or more of the persons owning property along the side street within 200 feet of
the rear lot line of the corner lot(and on the same side of the side street) is presented to
the BSC before it acts on the request, the requested variances shall not take effect unless
approved by all members of the BSC qualified and serving. Under no circumstances, with
or without a variance, is a fence allowed within five feet of the side street line.
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(c) Street visibility at a major thoroughfare or roadway marked for four lanes or more. Any
fence constructed, improved or structurally altered on a corner lot adjacent to a major
thoroughfare or a roadway marked for four lanes or more will require approval from the
building official. In reviewing a permit application for such a fence, the building official may
require a traffic study submitted by a licensed traffic engineer.
((ode: 2003, 3 6.383; Ord. No. 1979, I(E?'h. r ). 5-20-2013)
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