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HomeMy WebLinkAbout06052003 BSC Agenda Item 9 • • Agenda Request Business of the City Council City of West University Place, Texas AGENDA OF: May 6, 2003 ITEM NO.: 03-53 DATE SUBMITTED: April 30, 2003 DEPARTMENT OF ORIGIN: Public Works PREPARED BY: Neslihan Bilir Tesno, PRESENTER: Neslihan Bilir Tesno, City Planner City Planner SUBJECT: Ordinance No. 1740, amendment to Chapter 6 of the Code of Ordinances in regard to fences and calling an informal public comment session in regard to proposal to amend Chapter 6 of the Code of Ordinances regarding fences. EXHIBITS: Proposed amendment to Chapter 6 of the Code of Ordinances in regard to fences. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ) ACCOUNT NO.: N/A FUNDS AVAILABLE: N/A (Finance Department Approval) EXECUTIVE SUMMARY The Zoning and Planning Commission has recommended to City Council that an amendment to the Zoning Ordinance in regard to the side setback regulations be approved. Council requested that other related items be investigated before this issue could be addressed. One of these items was regulating fences in the side yard. Both the Zoning and Planning Commission and the Building and Standard Commission agreed that these fences needed to be restricted in side-yards depending upon the proximity of buildings. The Building and Standard Commission submitted a recommendation concerning fences. Staff has taken that recommendation and developed a proposed ordinance change to regulate fences in side yards. This amendment creates an "Emergency side access area" which extends from the front street line to the rear building line and includes the area within five feet of a side property line (on both adjacent lots). Within an "emergency side access area", no part of a fence higher than 3.5 feet may be closer to a prior building or to a side building line than the height of that part. RECOMMENDED ACTION Staff recommends that City Council approve Ordinance No. 1740. Staff also recommends that Council hold an informal comment session, to coincide with the second reading of the ordinance at the next city council meeting. • • • City of West University Place Harris County, Texas Ordinance No. 1740 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING FENCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the City of West University Place, Texas ("City") have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City regarding side yards or "setbacks;" and WHEREAS, the Z&PC has reported to the City Council with respect to such proposal; and WHEREAS, the Z&PC referred related fence ordinance amendments to the Building & Standards Commission, which has met and considered such amendments; and WHEREAS, the City Council has read and considered reports of such proceedings as well as the staff recommendation, and the City Council is of the opinion that amendments to the fence ordinance should be adopted at this time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and: (1) Section 6.581 (entitled "Maximum height limits") of the Code of Ordinances of the City is hereby amended to read in its entirety as set out in Exhibit A; and (2) Section 6.587 (entitled "Nonconforming fences") of the Code of Ordinances of the City is hereby repealed. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby 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, • S 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. The City Council officially finds, determines and declares that sufficient notices of the joint public hearing were given, and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. CONSIDERED, PASSED AND APPROVED on first reading on Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: CONSIDERED, PASSED AND APPROVED on second reading on Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attest: Signed: City Secretary (Seal) Mayor Recommended: Reviewed: City Manager City Attorney • • Exhibit A Sec. 6.581. Height and location, etc. (a) Generally. It shall be unlawful for any person to erect, construct, alter, use, own, possess or control any fence within the City which does not comply with all the following criteria: (1) No part of the fence may be higher than eight feet, at any point. (2) Within an emergency side access area, no part of a fence higher than 3.5 feet may be closer to a prior building--or to a side building line--than the height of that part. (b)Definitions. In this section: (1) "Emergency side access area"means the area within five feet of a side property line of a site, so that part lies on that site and part lies on the adjacent site (if there is one). See Figure ESAA. Exceptions: There is no emergency side access area: (i)within a rear yard, (ii) on any site used for residential purposes with a density of 10 dwelling units per acre, or more, or(iii)within any qualified medium density subdivision. (2) "Prior building"means a building in existence,under construction or covered by a current building permit and located on the same building site as the fence or on an adjacent site. (3) "Side building line"means any side yard line or side"setback"line measured from a side property line, either on same site as the fence or on an adjacent site. If there is more than one possible side yard line, the one closest to the side property line is used. Example: The normal side yard width on a narrow site is five feet,but a three-foot side yard is possible under certain circumstances. The three-foot line is used as the "side building line." (c)Measurement methods. (1) Fence height is measured vertically from the finished grade level at the base of a fence on the side with the lowest finished grade level. If the fence is within three feet of a property line, the finished grade level of the adjacent property along the property line is used to measure the height of the fence (if that grade level is lower than the grade level along the base of the fence). In each case,the predominant grade level along a fence line is used, disregarding minor variations. (2) Proximity(or closeness) of a fence to a prior building is measured horizontally to the vertical plane of the nearest wall surface of the building on any floor level, disregarding minor projections such as window sills, utility meters, architectural details, etc. (3) Proximity(or closeness) of a fence to a side building line is measured horizontally from the fence to a vertical plane on the line, but only in an inward direction (i.e., from the fence toward the interior of the site). (d) Gate height. In any proceeding to enforce the height regulations of this section, it is an affirmative defense that the only structure exceeding the prescribed height is a gate that is: (1) not more than 40% opaque; and S • (2) not higher than 12 inches above the maximum height allowed for a fence at the same location. (e)Perpendicular fences. In any proceeding to enforce paragraph (a)(2), above (relating to fences in emergency side access areas), it is an affirmative defense that the fence in question was: (1) located behind the rear main wall of any existing principal building on the same site and behind the rear main wall of any existing principal building on the nearest adjacent site; and (2) either attached to a principal building, or built across a side building line, perpendicularly(or at an angle between 75 and 90 degrees). (f)Front fences. In any proceeding to enforce paragraph(a)(2), above (relating to fences in emergency side access areas), it is an affirmative defense that the fence in question was: (1) a low retaining wall (as defined below), an institutional security fence(as defined below), a fence owned by any governmental entity or a fence or wall specifically required or allowed to be located in the front portion of a building site by this Code or the zoning ordinance; and (2) located in front of the front main wall of any existing principal building on the same site and in front of the front main wall of any existing principal building on the nearest adjacent site. (g) Transitional fences. In any proceeding to enforce paragraph(a)(2), above (relating to fences in emergency side access areas), it is an affirmative defense that the fence in question was a transitional feature required by the zoning ordinance. (h)Special permits (side building lines). In any proceeding to enforce paragraph(a)(2), above (relating to fences in emergency side access areas), because of the proximity of the fence to a side property line, it is an affirmative defense that: (1) the fence in question is covered by a special permit in which the owner acknowledges a duty to modify(or remove)the fence in the circumstances mentioned in this subsection; (2) notice of such permit is recorded in the real property records; and (3) if any building is subsequently located within eight feet of the fence, the fence is modified (or removed)within 60 days thereafter to the extent necessary to make the fence comply with paragraph(a)(2), above, treating the building as a"prior building." (The building official is authorized to issue and record P ermits with such conditions.) (i)Prior non-conformities. In any proceeding to enforce this subchapter, it is an affirmative defense that, at the time of the offense, the fence in question had status as a prior non- conformity. Both the acquisition of PNC status and the loss of PNC status are determined by the principles and procedures required by Article 12 of the zoning ordinance, except that: (i)the BSC has the authority of the ZBA, (ii) PNC status is lost after December 31, 2018,unless extended or reinstated by special exception, (iii)PNC status is not lost by work on a fence that does not require a permit. Figure ESAA: [see sketch following] • r R ear yard line Side property line 9de building lines Prior building (Na por buildings �j Em ergency side access Brea Street line • • • (4) No poo , -•1 apron,walkwa .o equipment, her appurte es may be placed or constructe• or o - -asement. (5) The owner must • '•e,with his application,an on-gr taked survey,by a reg- istered pro :- anal en -r or licensed surveyor, of o ating the lot corners,the utilit • • er easements a •e pool location on lot prior ermit being issued • . ch construction. Sec. 6.564.Plumbing matters. (a)Generally. All plumbing shall be installed according to the plumbing code and all oth 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. 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 • • • 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. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 6-23 • • 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 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. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 6-24 • • 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. CHARTER& ORDINANCES, City of West University Place, Texas, June 30,2001 Page 6-25