Loading...
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. 3 • • 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 All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only.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. 1 • • 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 2 • • 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. {00168334 DOC2} • , (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) {00168334.0002}