HomeMy WebLinkAbout10042001 BSC Agenda item 5 • •
(b) Variances. In addition to its other powers,the BSC may grant a variance for an antenna, if: (i)
the BSC finds that the intended function of the antenna would be adversely affected, in some significant
way, if the antenna had to be constructed in accordance with the other provisions of this chapter,or(ii)
the variance is necessary to harmonize the City's ordinances and federal laws, rules or regulations. A
variance under this section does not require a showing of hardship. The BSC may waive or reduce
permit and hearing fees, if a variance is granted under this section. Unless otherwise ordered by the
BSC, civil,criminal, administrative and other legal actions are stayed during the time that an application
for a variance is pending.
Subchapter H. Swimming Pools
Sec.6.561.In general.
(a)Standard Regulations. The swimming pool regulations adopted as part of the International
Residential Code(Appendix RAG)in the Standard Codes Schedule are adopted,ordained and
incorporated into this chapter by reference and shall apply to all swimming pools,both residential and
non-residential,but subject to the exceptions and amendments stated in Standard Codes Schedule.
(b)Local Government Code. This Subchapter establishes minimum standards for swimming pool
fences and enclosures under and pursuant to Subchapter C,Chapter 214 of the Texas Local Government
Code,to the extent applicable("Subchapter C").
(c)Penalty. The penalty for a violation of this subchapter is a fine not to exceed$1,000,and each
day a violation occurs is a separate offense. All City officials,agents and employees are granted
authority to enter premises to the extent contemplated by such Subchapter C.
(d)State law defense. It shall be an affirmative defense in any proceeding to enforce this Code with
respect to construction of a swimming pool enclosure,that: (i)Chapter 757 of the Texas Health&Safety
Code applies to the enclosure,and(ii)because of such Chapter 757,the person charged is not required to
construct the enclosure in the manner sought to be enforced. The City continues to require a height of six
feet for enclosures(see Standard Codes Schedule).
(e)Pre-existing defense. It shall be an affirmative defense in any proceeding to enforce this
subchapter with respect to a fixed feature of a swimming pool(other than a fence or enclosure),that: (i)
the swimming pool existed, in compliance with the City's ordinances, immediately before the adoption of
the standard swimming pool code,and(ii)the particular fixed feature of the pool was not constructed,
reconstructed, installed,replaced or structurally altered after the adoption of the swimming pool code.
The intent is to require that operational regulations be observed immediately and that fixed facilities be
brought into compliance as they are constructed,reconstructed, installed,replaced or structurally altered.
Sec.6.562.Engineers.
All structural calculations and details for swimming pool permit applications must be prepared and
signed by a registered professional engineer.
Sec.6.563. Setbacks,location,etc.
All outdoor swimming pools shall comply with the following regulations,which apply in lieu of
other similar requirements elsewhere in this Code:
(1) The setback distance from a property line shall be not less than a distance equal to the
vertical depth of the pool that is nearest and adjacent to the line(i.e.,a three-foot depth
requires a three-foot distance between the outside pool wall measured from the inside
face of the excavation for the pool wall nearest the line).
(2) The setback distance from a property line that is parallel and adjacent to a street on a
corner lot shall be not less than five feet measured from the excavation for the pool wall
nearest that line. However,the setback distance from the rear lot line of a corner lot
shall be not less than a distance equal to the vertical depth of the pool that is nearest and
adjacent to the rear lot line(i.e.,an eight-foot depth nearest and adjacent to the rear lot
line requires an eight-foot distance between the outside pool wall measured from the
inside face of the excavation for the pool wall nearest the rear lot line).
(3) A walkway around the perimeter of a pool may be constructed in the area between the
pool wall and a lot line that, if it is contiguous to the pool coping and designed to avoid
water drainage to adjacent property.
CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 6-21
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(4) No pool, pool apron,walkway,pool equipment,or other appurtenances may be placed
• or constructed in or on any easement.
(5) The owner must provide,with his application,an on-ground staked survey, by a reg-
istered professional engineer or licensed surveyor,of the lot locating the lot corners,the
utility or other easements and the pool location on the lot prior to a permit being issued
for such construction.
Sec.6.564.Plumbing matters.
(a)Generally. All plumbing shall be installed according to the plumbing code and all other
applicable regulations. The entire pool piping system shall be tested with a water test of 50 PSI and
proved tight before covering or concealing.
(b) Wastewater. Wastewater shall be discharged to a storm sewer when such is available. If none
is available, special permission is required to discharge into the sanitary sewer. Where space and condi-
tions are such that no hazard,nuisance or unsanitary conditions may occur, swimming pool waste water
may be used for irrigation or subsurface spreading. In all cases, sufficient area shall be provided on the
premises for the subsequent installation of disposal facilities. No other method shall be used unless
specifically approved by the Building Official.
(c)Heating gear. Swimming pool water heating equipment shall conform to the design,
construction and installation requirements as set forth in applicable regulations for domestic water
heaters. Gas piping used in the construction or maintenance of any swimming pool shall comply with
applicable regulations.
Sec.6.565.Electrical matters.
All electrical wiring shall be installed by an electrician,licensed according to applicable regu-
lations,who shall supervise the installation of all electrical work and obtain all necessary permits
and inspections during construction of the swimming pool. All electrical wiring, fixtures,motors,pumps
or other necessary electrical equipment for use in proper operation of the swimming pool shall be
installed according to applicable regulations.
Subchapter I.Fences
Sec.6.581.Maximum height limits.
(a)Eight foot limit. No fence higher than eight feet may be constructed, improved or structurally
altered on any private property.
(b)Six-foot limit. No fence higher than six feet may be constructed:
(1) Closer than six feet from a wall of an existing principal building used as a single-family
residence on any adjacent building site, if the proximity of the fence to the building
would significantly and adversely affect the beneficial circulation of air around or
through the building or the beneficial exposure of the building to direct or reflected
sunlight. To make these determinations,the Building Official shall take into account
the type and design of the fence and the following(if existing or proposed in the
immediate vicinity of the fence):trees,other plants and other buildings and structures.
(2) Between buildings on separate building sites where the eaves are less than two feet
apart.
(c)Height measurement. Fence height shall be measured along each fence line on the side with the
lowest grade level. If the fence is within three feet of a property line,the adjacent grade level of the
adjacent property is used to measure the height of the fence, if the adjacent grade level is lower than the
grade level of the property where the fence is located.
(d)Gate height. A gate may be no taller than may a fence at the same location, except that a gate
which is not more than 40%opaque may extend to a height not greater than 12 inches above the
maximum height of a fence at the same location.
Sec.6.582.Property lines.
It shall be the responsibility of any person who constructs a fence, or causes it to be constructed, to
locate the fence within the property lines.
CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 6-22