HomeMy WebLinkAbout07012003 BSC Agenda Item 7 • •
BSC
Chapter 6
5ubchper I . Fences
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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)Four Six foot limit.No fence higher than six four 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-preximity-ef-the
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(2)Between buildings on separate building sites where the eaves are less than
two feet apart.
(c)Height measurement. Fence height shall be measured from the established base
elevation along each fence line on the building site - • _ . _ _ .: _ _ : .Ike
(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-persen the property owner who constructs a fence, or causes it
6. to be constructed,to locate the fence with' his the property lines.
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 security 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
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(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. Such agreement shall be recorded
with the H.C.D.R.
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 permit holder/property owner 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.
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.F.. • g of fen •..
VieG''�b / e co„..
All fence. abuttin 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 ;! inches must be built for ingress and egress into the easement area. The
gate is for the use an. /•nvenience of public utility companies and the City service crews.
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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 pecnitted at a top salvage.All wire on
the top salvage shall be knuckled. C ezte/ ` e•�'�i'r
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
reinforcing 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 en or property.
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(1) No part of the excavation for the wall of any swimming pool may be closer than
five feet to any property line.
(2) Adjacent to at least 70%of the perimeter of each swimming pool,there must be
a walkway,deck,apron or other footpath that is: (i)open and unobstructed,(ii)
at least three feet wide, and(iii) designed and maintained to allow rapid access
to the water's edge for lifesaving,testing and maintenance.
(3) A walkway,deck or apron around the perimeter of a pool may be constructed in
the area within five feet of a property line that, if it is contiguous to the pool
coping and designed to avoid water drainage to adjacent property.
(4) No pool,pool apron, deck, 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
registered professional engineer or licensed surveyor, of the lot locating the lot
corners, all property lines, 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
conditions 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
Chapter 6, CODE OF ORDINANCES, City of West University Place, as of 2-24-03 Page 6-27
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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. 6382. 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.
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 security 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 ordi-
nance. 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 build-
ings); (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
Chapter 6, CODE OF ORDINANCES, City of West University Place, as of 2-24-03 Page 6-28
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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.
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
Chapter 6, CODE OF ORDINANCES, City of West University Place, as of 2-24-03 Page 6-29
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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
reinforcing 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 ap-
proved 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 Dis-
trict 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.
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
Chapter 6, CODE OF ORDINANCES, City of West University Place, as of 2-24-03 Page 6-30