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HomeMy WebLinkAbout10022003 BSC Agenda Item 6 9 • kit pT.ri J E ^i, BSC Revised Draft Amendments .. Chapter 6 Subchapter I . Fences Code of Ordinances • i Revised draft amendments to the fence ordinance (Chapter 6, Code of Ordinances) 9-11-03 1 03 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,improved or structurally altered in any of the following locations: (1) Closer than six feet€rem a to the main wall surface of an existing principal building used as a single-family residence on any adjacent building site (measured across the property line perpendicularly). if the proximity of the fence - - - 0-- . . . . .. - - - - - ..• , •_ , • -•- e -- (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; notices;waiting period. (a)Basic Duties. It shall be the responsibility duty of any-per-see each permittee and property owner who proposes to construct constructs a fence,or causes it to be constructed,to: (i) give notice, if required below, and(ii)wait at least 14 days after filing proof that such notice has been given before construction starts, unless the waiting period is waived as provided below, and (iii)locate the fence within the property lines of the site, except as provided below in the case of a common fence along a boundary. the property lines. (b)Notice. Notice is required if the proposed fence is located within three feet of adjacent property (other than street area). A required notice must: (1) include: (i) a description of the proposed fence, (ii) a sketch showing its location, and (iii)the name, address and telephone number of the permittee and the owner of the property where the fence is proposed to be constructed; • (2) be addressed to the owner of each adjacent property lying within three feet of the proposed fence, using either: (i) current name and address from the Harris County Appraisal District's records, or(ii) "Current Property Owner" at the street address of the adjacent property; and (3) be given by: (i) depositing it in the U.S. Postal Service mail,properly addressed with first class postage affixed , (ii) delivering it by hand to a person who is fourteen years of age or older who resides upon the adjacent property, or(iii) some other method approved by the building official that is reasonably calculated to bring the notice to the attention of the person to be notified. (c) Proof of notice. Proof of notice must be filed in the office of the building official, using a standard form provided by the building official. (d) Waiver of waiting period. An owner of adjacent property may waive the 14- day waiting period by signing a standard form provided by the building official. The form must contain an acknowledgement that the notice was received, and the permittee (or an owner of the property where the fence is to be constructed) must certify that the waiver is true and correct. 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 (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 11 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 in the Harris County real property records. 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 pemetl permittee and 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.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 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.