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HomeMy WebLinkAboutORD 2001 Amending Chapter 18 Relating to Front Yard and Side Setback FencesCity of West University Place Harris County, Texas Ordinance No. 2001 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 THE PROHIBITION OF FENCES IN FRONT YARD AND SIDE SETBACKS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Chapter 1B of the Code of Ordinances of the City of West University Place, Texas (the "Codo of Ordinances') is amended by adding to Section 18 -202 a subsection C, which requires approval by the Building Official for comer lot fences at major thoroughfares as specified in Appendix A, attached hereto. All other portions of Chapter 18 of the Code of Ordinances not specifcally amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conffid with this Ordinance are repealed to the extent of the conflict only.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 juristlic0on, 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 suffdent written notice of the dale, 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 Ad, 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. (i .occ1 PASSED, APPROVED AND ADOPTED ON FIRST READING on the 28th day of January ,2015. ON SECOND READING, AND SIGNED, Signed: W Mayor Mayor Recommended: '�✓�� City Manager //��{` /� Approved as to legal form,'. i/ /� City Attorney 10015e937 D�I APPENDIX A ARTICLE VII. - Fences [Deletions shown by Strikeout; Additions shown by Untledine] 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 law retaining walls, institutional security fences, fences owned by any governmental angry or fences or walls specifically required or allowed to be located in the front yam (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 otters: 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 accessary 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 partion 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 comer lots. This subsection only applies to a comer lot carved out of a larger comer site originally established by the first plat or map of the subdivision in question, where the front street line of the comer lot is on a different street from the street where the larger comer site had its front street line. On such a comer 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 comer lot, measured from the side street. If the BSC is requested to issue a variance to permit a fence on the comer lot closer to the side street than prescribed above, and if a petition signed by 20 percent or more of the persons owning properly 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 loorsesn..00r I members of the BSC qualified and serving. Under no circumstances, with or without a veranda, is a fence allowed within five feet of the side street line. (c) Street visibility at a major thoroughfare. This subsection only applies to a comer lot ad'acent to a major thoroughfare or roadway mareed for four lanes or more. An fence constructed Improved or structurally altered on any such lot shall require odor approval tram the Building Official and /or a traffic study submitted! by a licensed traffic engineer. Visibility will be determined in accordance with the guidelines of The American Association of Slate Highway Transportation Officials (AASHTOI. The standard is a fifteen -foot curb setback from the major thoroughfare for the assumed eve of the approachna diver. The Building Official may reduce this setback to a minimum of ten feet if there is a natural obstruction. (Code 2003. § 8.583; Ord. No. 1979, § 1(1xh. A), 5 -20 -2013)