HomeMy WebLinkAbout02062003 BSC Agenda Item 7 • •
(4) No pool, p.. Iron, walk -. ;pool equipmen er appurte• ces may be placed
or constructed i` o. • easement.
(5) The owner mus . •-, with his application, an on-grow ' ed survey, by a reg-
istered pro : . :nal en: --r or licensed surveyor, oft •t loc. +.the lot corners, the
utility er easements ;:..e pool location on t. of prior to a p 't being issued
f.- - construction. u;
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.
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Sec. 6.583.Prohibition in front or side.
(a)Prohibition. No fence may be constructed, improved or structurally altered on the front portion
of any building site. Exceptions: this restriction does not apply to low retaining walls, institutional secu-
rity 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 Code or the zoning ordinance. In this
subchapter:
(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: (i)
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); (ii)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 (iii)the fence is no more than 50%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("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% 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.
Sec. 6.584.Distance from property line; common fences.
A boundary fence shall be constructed immediately along the property line or as close as
practicable to the property line. Common fences may be constructed along the property line, if the
written consent of the owners of both properties is submitted.
Sec. 6.585.Easements.
No brick,masonry or similar type of fence may be constructed, improved or structurally altered if it
would interfere with the installation and maintenance of utility lines in any easement reserved therefor.
Sec. 6.586.Removal of debris.
It shall be the responsibility of each person who constructs or reconstructs a fence, or causes it to be
done,to clean up and remove from the premises all debris, dirt, scrap and broken pieces of concrete
caused by the construction of the fence.
Sec. 6.587.Nonconforming fences.
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In cases where an existing fence erected contrary to the provisions of this Code is to be removed,
improved or structurally altered, each new fence must conform to this Code.
Sec. 6.588.Facing of fences.
All fences abutting on a street area shall be constructed so that all supporting members, including
posts and horizontal runners, shall not face the street. This provision shall apply to such portions of a
fence that face the street on which the lot faces as well as a side street.
Sec. 6.589.Fence gate.
Where a fence is constructed, improved or structurally altered along an easement area, a gate with a
minimum opening of 30 inches must
be built for ingress and egress into the easement area. The gate is
�' g
for the use and convenience of public utility companies and the City service crews.
Sec.6.590.Electricity,barbed wire prohibited.
It shall be unlawful for any person owning or controlling any property in the City to construct,
maintain or permit to remain on such property any fence: (i)charged with electricity, or(ii) containing
any barbed wire, concertina wire or other sharpened or barbed projections. Where chain link fence is
used,no twisting or barbing of wire is permitted at the top salvage. All wire on the top salvage shall be
knuckled.
Sec.6.591.Masonry construction.
Masonry fences must be made of brick, vitrified clay tile, concrete tile, on monolithic reinforced
concrete,and must be built according to the following specifications:
(1) At least eight inches thick for double-wall construction, which shall be either brick,
vitrified clay tile,or concrete tile; at least six inches thick for single-wall construction,
which shall be only of brick or monolithic reinforced concrete construction.
(2) Pilasters shall be placed on not more than twelve-foot centers, or adequate steel rein-
forcing shall be placed in the whole fence.
(3) Expansion joints shall be placed on not more than 24-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 12 inches in diameter, and each
footing shall have not less than four one-half-inch ties on three-foot centers. Foundation
beams shall be not less than 12 inches wide and not less than 18 inches deep with not
less than four five-eighths-inch reinforcing rods and three-eights-inch ties, on not less
than 30-inch centers.
(5) A gate with a minimum opening of thirty inches must be built for ingress and egress into
any public easement.
Sec. 6.592.Fences on vacant lots.
Any fence construction or reconstruction on a site on which no building is located shall be
constructed to comply with all of the setback requirements which apply to the location of a residence on
such site. No building permit shall be issued for construction of improvements on a vacant lot, if there is
a fence which does not meet all requirements of this Code.
Sec. 6.593.Maintenance.
Any person owning or controlling a fence shall maintain it in good repair so as not to endanger any
person on property.
Subchapter J.Fire Zones
Sec. 6.601.Established.
The fire zones of the City shall be established as set forth on that certain map entitled "Fire District
Map"and bearing the date "January 1, 1989," on file in the office of the Building Official,which map is
hereby adopted by reference as if set forth at length in this section. Such fire zones shall be the "fire
districts" contemplated by the building code adopted by this chapter.
Sec. 6.602.Fire lanes in Zone 3.
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No structure or group of structures may be built within fire zone 3 if it, when considered in con-
junction with all existing structures, would cause there to be a frontage 144 feet long, or longer, unbroken
by a fire lane at least six feet wide. It is the purpose of this provision to create fire lanes (each at least six
feet wide)at intervals of not greater than 144 feet along all streets in fire zone 3. Each fire lane must be
open and unobstructed from the south boundary line of the street to the south line of fire zone 3, except
that, in the case of any proposed structure, if there is a usable and dedicated alleyway to the rear of such
structure which connects with a public street and gives access to the rear of such structure for fire sup-
pression,then a fire lane shall not be required in connection with the construction of such structure.
Sec. 6.603.Buildings to comply.
No building or structure shall be constructed in any of the fire zones except in compliance with all
applicable regulations. It shall be an affirmative defense in any proceeding to enforce this subchapter that
the alleged violation involves a single-family residence in existence as of July 28, 1975 which is still
used for single-family residence purposes.
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